The Code of Conduct forensic (with changes approved by the CNF 12/06/2008)
PREAMBLE The lawyer conducts its activities in full freedom, autonomy and independence, to protect the rights and interests of person, ensuring the knowledge of the laws and thereby contributing to the implementation order for the ends of justice. Exercising its powers, the lawyer shall ensure compliance of laws with the principles of the Constitution, in accordance with the Convention for the Protection of Human Rights and the Community legal order, and guarantees the right to freedom security and inviolability of the defense ensures the regularity of the proceedings and be heard. The rules of conduct are essential for the realization and protection of these values.
TITLE I GENERAL PRINCIPLES Article 1 --Scope. The rules of professional conduct apply to all lawyers and practitioners in their work, among themselves and against third parties.
2 - Disciplinary Powers. The organs the power to impose disciplinary sanctions are adequate and proportionate to the violation of ethical rules. Sanctions must be appropriate to the seriousness of the facts and must take into account the recurrence of the conduct and the specific circumstances, both subjective and objective, that helped lead the offense.
3 - voluntary nature of the action. The discipline stems from dereliction of duty and the voluntary nature of the conduct, even if by omission. Evaluated is the overall behavior dell'incolpato. When objections are raised in many of the same procedure, the sanction must be unique.
4 - What to do business abroad and of foreigners in Italy. In the exercise of professional activities abroad, which are permitted by the provisions in force, the Italian lawyer is obliged to respect the rules of professional conduct the country where the activity is carried out. Likewise, foreign lawyer, in the exercise of professional activity in Italy, where this is allowed, you must comply with the rules governing Italian.
5 - Duties of integrity, dignity and decorum. The lawyer's conduct should inspire fulfilling duties of honesty, dignity and decorum. I. Should be subjected to disciplinary proceedings that the lawyer be accused of culpable behavior that has violated the criminal law, without prejudice to any independent assessment of the offense was committed. II. The lawyer is subject to disciplinary proceedings for acts also do not affect the activity Bar, when you reflect on his professional reputation or impair the image of the class lawyer. III. A lawyer who is suspected or accused in criminal proceedings can not recruit or keep the defense on the other hand in the same case.
6 - Duties of loyalty and honesty. A lawyer must carry out their duties with honesty and fairness. I. The lawyer shall not bring actions in court or take action in bad faith or gross negligence.
7 - Duty of loyalty. It is the duty of the lawyer faithfully carry out their duties. I. Regulate the conduct of the lawyer is an offense that carries knowingly acts contrary to the interests of his client. II. The lawyer must exercise its activity in compliance with the obligations that its function requires it to the community for the Protection of Human Rights against the State and all other powers.
8 - Duty of care. The lawyer must discharge their professional duties with diligence.
9 - Duty of secrecy and confidentiality. It is the duty as well as law, primary and essential activity to keep the secret of the lawyer and paid on all information that is provided to him by the party or assisted in coming to his knowledge in dependence of the mandate. I. The Advocate is liable to duty of secrecy and confidentiality even against the former? customers, both for the judicial activity for which the activity of court. II. The secrecy must be respected even against one who ask the lawyer to ask for assistance, without the mandate should be accepted. III. The lawyer is obliged to demand the respect of professional secrecy even to his staff and employees and all persons who cooperate in the performance of professional activity. IV. Exceptions to the general rule in cases where disclosure of certain information relating to the assisted part is necessary: \u200b\u200ba. for the conduct of military operations; b. to prevent The Committee assisted by the same of a particularly serious crime; c. attach to the facts in a dispute between a lawyer and assisted d. in proceedings concerning the terms of defending the interests of the assisted. In any event, disclosure should be limited to what is strictly necessary for the purpose protected.
10 - Duty of independence. In the exercise of the lawyer's professional duty to maintain its independence and defend its freedom from external pressures or constraints. I. The lawyer must not take account of interest relating to the personal sphere.
rt. 11 - Duty to defend. The Advocate must provide its defensive activity even when it is required by the courts in accordance with applicable law. I. A lawyer is appointed public defender shall, whenever possible, communicate that the assisted person has the right to choose counsel of their trust, and must inform him, when applying for a fee, which also defended the office must be paid according to law. II. Breach of discipline is unjustified refusal to provide legal aid activities of the assisted person or request a fee for the provision of such activities.
12 - Duty of competence. The lawyer should not accept assignments that you know you can not play with appropriate expertise. I. The lawyer must notify the assisted circumstances impediments to the provision of the required task, considering, in the event of disputes particularly challenging and complex, the opportunities of integration of the defense with another colleague. II. The acceptance of a particular professional task is to assume the responsibility to play that position.
13 - Duty of professional updating. E 'duty lawyer consistently treat their professional training, retaining and increasing knowledge with particular reference to areas where business activity. I. The lawyer realizes his lifelong learning with individual study and participation in cultural activities in the field of law and forensics. II. E 'ethical duty of the lawyer to comply with the regulations of the National Bar Council and the Council of the Order relating to the obligations of membership and educational programs.
14 - Duty of truth. The statements in court about the existence or nonexistence of facts, which are prerequisite for a specific decision of the magistrate, and of which the lawyer has direct knowledge, must be true, however, that do not lead the court into error. I. The lawyer can not knowingly introduce false evidence in the process. In particular, the defender can not take a verbal statement or introduce people informed about the fact that we know to be false. II. The lawyer is required to state the measures already obtained or applied for the rejection of the measure, the submission of applications or requests on the assumption of the same factual situation.
15 - duty to comply with social security and taxation. The lawyer must provide regular and timely basis with the administration due to the bodies and forensic security and tax obligations to his dependents, according to current regulations.
16 - Duty to avoid incompatibilities. E 'duty of the lawyer to avoid situations of incompatibility impediments to stay in the book, and, anyway, when in doubt, seek the opinion of its Board Order. I. The lawyer shall not engage in business or mediation. II. Breach of discipline is to have the required registration with a slope of incompatibility, unreported, even though these have failed.
17 - Information on training. The lawyer can advise you about your occupation. The content and form of the information must be consistent with the purpose of protection of the community and meet the criteria of transparency and truthfulness, respect for which is verified by the relevant Association Council. The content of the information must be consistent with truth and fairness and can not be designed to, or confidential information protected by professional secrecy. The lawyer can not reveal to the public on behalf of their clients, even if they will allow. As to the form and details, this information must respect the dignity and decorum of the profession. In any case, the information must not assume the characteristics of misleading advertising, laudatory, comparative. I. Shall be allowed for non-profit, organization and sponsorship of seminars, training courses and conferences in disciplines relating to the legal profession from lawyers or companies or associations of lawyers. II. And 'allowed the name of a deceased lawyer who has been part of the study, provided the seller at the time it has expressly provided for or has provided in his will to that effect, that there is unanimous consent of his heirs.
Article 17 bis - Information conditions. A lawyer who wishes to give information on their professional activities should disclose: •) the name of the study, with indication of names of professionals who make up where the profession is conducted in a partnership or corporate, •) the Council of the Order in which each member joined the study; •) headquarters to exercise, any branch offices and contact details, indicating the address, telephone numbers, fax, email and website when activated. •) the professional title of the year that allows foreign lawyer in Italy, Italian lawyer or allows the operation abroad, the legal profession in accordance with EU directives. May indicate: •) the academic qualifications, •) specialist qualifications obtained at university institutes, •) approval to carry forward to the courts higher, •) branches of exercise of the profession and within these, the main activity of any materials, •) the known languages, •) the logo of the study, •) the details of insurance for professional liability , •) any certification of quality of the study, the lawyer who wishes to make mention of a quality certification must file with the Bar Council of supporting the certification valid indication of the full range of certification and application of the certification officially recognized by the State; The lawyer can Use only the websites with their own domains and directly attributable to him, the law firm or law firm in which he participates, subject to timely reporting to the Council of the Order of the membership form and content in which it is expressed. The professional is responsible for the content of the site and it must contain the information contained in the first paragraph. The site can not contain commercial references and / or advertising by showing either direct or through banners or pop-ups of any kind.
18 - Relations with the press. In relations with the press and other means of spreading the lawyer should be guided by criteria of balance and measure in interviews, for compliance with the obligations of discretion and confidentiality. I. The defender, with the consent of his client and in the interest of the same, it can provide to the media and news releases that are not covered by the secrecy of investigation. II. In any event, in its dealings with the media and with other means of dissemination, the lawyer is forbidden to emphasize their professional capacity, to spend on behalf of their customers, to solicit press articles or interviews on both bodies information and other means of dissemination, is also forbidden to hold press conferences without prejudice to the defense needs of the customer. III. E 'lawyer allowed after Communication to the Council of the Order of belonging, to hold or treat regular column on the press with details of your name and participate in regular columnist and television broadcasts.
19 - Prohibition of hoarding clients. E 'prohibited conduct direct acquisition of customer relations by means of agents or brokers or ways do not conform to propriety and decorum. I. The lawyer should not correspond to a colleague or to another person, a fee, commission or other remuneration in return for the presentation of a client. II. Breach of discipline is the offering of gifts or benefits to third parties or the payment or the promise of jobs or benefits to achieve defenses. III. It 'may not offer, either directly or through intermediaries, their professional performance to home users, at work, rest, leisure and, in general, in public places or places open to the public. IV. E 'lawyer also forbidden to offer, without being required to provide a customized, that is, directed to a particular individual for a specific transaction.
20 - Prohibition of use of inappropriate or offensive expressions. Irrespective of the civil and criminal, the lawyer must avoid using terms inappropriate or offensive writings in court and in professional in general, both towards colleagues and towards magistrates, counterparties and third parties. I. The retaliation or provocation, or the reciprocity of the offense does not preclude the breach of ethical rules.
Article 21-Prohibition of occupation without title or use of non-existent titles. The enrollment is a precondition for the exercise of judicial and extrajudicial assistance and advice on legal matters and to the use of its title. II. It is illegal to regulate the use of a qualification not obtained or the carrying out of activities in the absence of license or suspension period. III. It is also unlawful regulate the conduct of the lawyer to facilitate, or otherwise directly or indirectly, make possible a non-qualified or suspended the abusive exercise of a lawyer or permits that the entities they can derive economic benefits, although only the period of any suspension from the exercise. IV. The lawyer may use the academic title of professor is only professor of legal subjects. In any case, shall specify the qualifications, the teaching and the faculty. V. The writing in the register of practitioners and lawyers can only use the full title of "practicing attorney" with the possible indication of "authorized to practice" if it obtained such clearance.
TITLE II RELATIONS WITH COLLEAGUES
22 - Value of an associate. A lawyer must keep in respect of his colleagues conduct inspired by fairness and honesty. I. The attorney who work with another colleague shall respond promptly to its requests for information. II. A lawyer who wishes to promote a case against a colleague for facts relating to the exercise of the profession has to give him advance notice in writing, except that the notice could undermine the right to be protected. III. The lawyer can not record a telephone conversation with the colleague. Registration, during a meeting is allowed only with the consent of all present.
23 - Report of fellowship and duty to defend in the process. Courts must inspire in the activity the lawyer's conduct to comply with the duty of defending, preserving as much as possible the relationship of fellowship. I. The lawyer shall be punctual in the hearing and any other occasion of meeting with colleagues. II. The lawyer has to oppose any application, amicable or not justified, in the process made by the counterparties involving injury to the assisted part. III. The defender is given the position of trust by the accused shall inform the appropriate means with his colleague, already appointed by the court, the mandate, and without prejudice to the right of defense, should be advised to provide alpago part of what is due to the public defender for the task professional may already be turning. IV. In exercising its mandate, the lawyer can work with the defenders of the other parties, including exchanging information, records and documents in the interest of the party and assisted in the law. V. In cases of joint defense, it is the duty of the defender consult the co-counsel with regard to any choice of the case and inform the content of discussions with the municipality assisted to the effective sharing of procedural strategy. VI. The interruption of-court negotiations with a view to initiate legal action, should be communicated to fellow opponent.
24 - Relations with the Bar Council. The lawyer has a duty to cooperate with the Bar Council of belonging, or in any other, upon request, for the implementation of institutional purposes in strict compliance with the duty of truth. To this end, each member is required to report to the facts in its possession relating to the life forensic or administration of justice, initiatives or actions that require collective. I. In proceedings specification, the lack of response to the objections of the member and communicated to the failure to submit observations and self-defense does not constitute a disciplinary offense, although such behavior could be assessed by the Panel in the formation of his own free conviction. II. If the Council to the member of the Order requires clarification, information or obligations in relation to a request by a party or a co-worker tends to get news or obligations in the interest of the same complainant, the prompt response of the member is not illegal specification. III. The lawyer appointed to the Council of the Order must fulfill the task with diligence, impartiality and interest. IV. For the purpose of keeping the registers, the lawyer has a duty to inform without delay the Council of the Order of the membership and possibly responsible for the area, the establishment of associations or professional societies and the subsequent modifying events, as well as the initiation of studies main, secondary and even professional contacts.
Article 25 - Relations with employees of the study. The attorney must allow their employees to improve the professional preparation outweigh the collaboration in proportion to the contribution received.
26 - Relationships with practitioners. The lawyer is obliged to practitioners to ensure and promote the effectiveness of the profitable law practice in order to allow adequate training. I. The lawyer must provide the practitioner with an appropriate work environment, while recognizing, after an initial period, a fee proportionate to the contribution received professional. II. The lawyer must certify the accuracy of the records contained in the owner's practice only after a proper control and without indulging in favor or friendship reasons. III. He is responsible for disciplinary action that the lawyer engages practitioners to carry out defense is not allowed.
27 - Obligation to pay with his colleague. The lawyer can not get in direct contact with the other party who is assisted by another lawyer. I. Only in special cases, to require certain behavior or to avoid notice or formal notice requirements or disqualification, the correspondence should be addressed directly to the other party, provided, however, sending a copy to the legal adversary. II. It is illegal to regulate the conduct of the lawyer who agrees to receive the party, knowing that it is assisted by a colleague, without informing the latter and obtain his consent.
28 - Prohibition to produce the correspondence with my colleague. Can not be produced in court or related letters classified confidential and no correspondence containing settlement proposals exchanged with colleagues. I. E 'produces the correspondence between colleagues when an agreement has been finalized, in the same match constitute implementation. II. E 'produces the correspondence of the lawyer to ensure the fulfillment of performance requirements. III. The lawyer should not give the assisted the private correspondence between colleagues, but may fail if the professional mandate, give it to the professional who happens to him, which is bound by the same standards of confidentiality.
29 - News on the links in the performance review of documents relating to the personal situation of the colleague opponent and use of information relating to his person shall be prohibited, except that he is part of a trial and that the use of such information is necessary for the protection of a right. I. The lawyer shall refrain from disparaging appraisals of the professional activity of a colleague.
30 - Obligation to fulfill the tasks assigned to another colleague. The lawyer who chooses and commissions directly colleague performing the duties of representation or assistance must be taken to pay for it, if the party fails to comply with assisted, except to prove that he had unnecessarily turned on, also subordinated its claim to achieve compliance.
Article 31 - Obligation to give instructions to his colleague and reporting requirements. The lawyer is obliged to give timely instructions to the appropriate link. The latter, also, he must promptly give detailed information on its activities and links to play. I. The election of domicile with another colleague should be notified in advance and allowed. II. It is forbidden to directly define the lawyer in charge in a dispute, by way of compromise, without informing the colleague who has entrusted him the job. III. The same lawyer, in the absence of instructions, must work in appropriate ways to protect the interests of the party, informed as soon as possible colleague who has entrusted him the job.
Article 32 - Prohibition of appeal of the settlement reached with the colleague. A lawyer who has reached the patron opponent accepted a settlement agreement by the parties must refrain from judicial legal challenge of the transaction occurred, unless the appeal is justified by particular facts not known or have occurred.
33 - Replacement of the links in the activity of defense. In case of replacement of a colleague during a trial for cancellation of or waiver, the new law will make it known that his appointment to his colleague replaced by acting, without prejudice to the activities defensive, because the legitimate demands are met for services rendered. I. The lawyer should ensure that replaced the sequence in the mandate it without harming the client, providing the new defender all the elements to facilitate continuation of the defense.
Article 34 - Responsibilities of employees, substitutes and associates. Unless the act constitutes a separate liability, employees, deputies and assistants shall not be responsible for carrying out disciplinary actions for specific assignments received. I. In the case of professional association, disciplinary action is liable only to the lawyer or lawyers as they relate to the specific facts committed.
TITLE III RELATIONS WITH THE ASSISTED
35 - Report of confidence. The relationship with the assisted part is based on trust. I. The appointment must be given by the party or assisted by another lawyer who defends her. If it is given by a third party who intends to protect the interest of the assisted or even their own interest, the assignment may be accepted only with the consent of the party assisted. II. The lawyer must not, after issuing a mandate, from establishing relationships with the client of an economic, commercial property or in any way that may affect the professional relationship, except as provided in Art. 45.
36 - Autonomy of the report. The lawyer has an obligation to defend the interests of the assisted as best as possible within the limits of the mandate and in accordance with the law and ethics. The lawyer shall not knowingly recommend actions unnecessarily burdensome or suggest behavior, illegal acts or shops, fraudulent or affected by invalidity. I. The lawyer, before accepting appointment, must ascertain the identity of the customer and of his representative. II. In any case, even in respect of professional misconduct in relation to the secret, the lawyer must refuse to receive or manage funds that are not related to a customer exactly identified. III. A lawyer must refuse to give their business when the known elements can validly conclude that it is aimed at creating an illegal operation.
Art 37 - - Conflict of interest. The lawyer has an obligation to refrain from performing professional activity when this would result in a conflict with the interests of his client or interfere with the performance of another task even unprofessional. I. Conflict of interest exists even if the performance of a new mandate to undermine the confidentiality of the information provided by another client, or when knowledge of the business of a party to an unfair advantage Another client, or when the conduct of an earlier mandate limits the independence of the conduct of a new post. II. The obligation to refrain from work also if the parties having conflicting interests are addressed to lawyers who are partakers of the same law firm or professional association or exercising the same premises.
Article 38 - Failure to fulfill the mandate. Constitutes professional misconduct, failure, delay or negligent performance of acts relating to the mandate when it comes to relevant and not excusable neglect of the interests of the assisted. I. The public defender has to perform the task with diligence and care, if it is prevented to participate in individual activities must give timely trial and explain the reasons or prosecuting authority responsible for upholding a colleague, which, if accepted, is responsible for the assignment.
39 - Exclusion from hearings. The lawyer has the right to participate in the hearings declared abstention from bodies representing lawyers in accordance with the provisions of the code of practice and standards. I. A lawyer who exercises his right not to accede to the abstention shall inform the other defenders made. II. It is not allowed to join or opt out by abstaining proclaimed according to their quotas conveniences. The lawyer accedes abstention can not be dissociated with respect to individual days or their specific activities, as well as the lawyer who opts out of them can not join in part, on certain days or for particular professional activities.
Article 40 - Obligation to inform. The lawyer is obliged to inform his client when the assignment clearly the characteristics and importance of the dispute or the activities to be performed, specifying the actions and assumptions of possible solutions. The lawyer is also required to inform his client of the progress of the mandate entrusted to him, when the whenever it considers appropriate and assisted upon request. I. If required, the lawyer must inform the party assisted on the estimates of the maximum related to the duration and the likely cost of the process. II. E 'obligation to communicate to the lawyer assisted the necessity of carrying out certain acts in order to avoid requirements, disqualification or other adverse effects in relation to the tasks being handled. III. The defender has the obligation to report to his client the contents of the lessons learned in the exercise of the warrant if the interest of these useful.
Article 41 - Management of other people's money. A lawyer shall act with diligence and punctuality in the management of money received from his client or by third parties for certain business or received on behalf of the party assisted, and has the obligation to promptly account. I. Disciplinary offense is longer than strictly necessary to retain the sums received on behalf of the assisted part. II. In the case of escrow, the lawyer is obliged to request written instructions and follow them.
42 - Return of documents. The lawyer is in any case obliged to return without delay to the assistance received from the same documentation for the completion of the mandate when its request. I. The lawyer may retain a copy of the documentation; the consent of the assisted only when necessary for the clearance of the payment not later than the payment.
Article 43 - Request for payment. During the course of the professional relationship the lawyer may ask for the payment of advances briefed the costs incurred and foreseeable advances and on professional services, commensurate with the amount and complexity of services required for the assignment. I. The lawyer shall keep accounts of expenses and advances received and is required to deliver to the customer's request, the detailed memorandum of advance payments and expenses incurred for services rendered and fees for services rendered. II. The attorney should not require fees to be clearly disproportionate to the activity carried. III. The lawyer can not demand a fee higher than that stated above, in the case of spontaneous non-payment, unless it has expressly made subject. IV. The lawyer can not affect the recognition of their rights or the performance of professional services to the assisted part payment of the sums collected on behalf of.
Article 44. - Compensation. The lawyer is entitled to retain the sums that have been made by hand or assisted by others for reimbursement of expenses incurred, notifying the customer can also hold the sums received in payment of their fees, when there is the consent of the party that assisted in the case of sums paid in ruling against the other party in respect of any fees and he has not yet received from the assisted or when he has already made a request for payment expressly accepted by the assisted part. I. In all other cases, the lawyer is required to make available immediately to the assisted part of the sums received on behalf of.
Article 45 - Agreements on the definition of compensation. E 'possible lawyer fees benchmarks agreed with the client to achieve those objectives, without the prohibition in Article 1261 cc and if the fees are proportionate to the activity, subject to the principle set out in article 2233 of the Civil Code.
Article 46 - Actions against the Assistant to the payment of compensation. The lawyer can seek legal action against the party assisted in the payment of their professional performance, after waiving the mandate.
Article 47 - Waiver of the mandate. The lawyer has the right to waive the mandate. I. If a member resigns his lawyer should give adequate advance notice to the party assisted in the circumstances, and must inform you of what you must do in order not to prejudice the defense. II. If the party does not provide assistance in times reasonable in the appointment of another counsel, in compliance with legal obligations the lawyer is not responsible for the failure further assistance, although obliged to inform the party of the communications made to it. III. In case of unavailability, the lawyer must notify the waiver sent by registered mail to the master and assisted at the last known address. With the fulfillment of such formalities, subject to legal obligations, the lawyer is relieved of any other activity, regardless of whether the insured actually received that notice.
TITLE IV RELATIONS WITH THE PARTY, THE JUDICIARY AND THIRD
Section 48 - Threat of shares to the counterparty. The notice made by the Advocate to the other party tends to get details on pain of compliance actions, bankruptcy instances, complaints or other sanctions, is allowed when it tends to make the party warned of possible legal action being or to be undertaken, is unethical, however, that notice when they are threatened actions or actions disproportionate or unfair. I. If he considers that to invite the other party to a conversation in his study, before beginning a trial, the attorney must state that may be accompanied by a lawyer. II. The charge to the powers of counterparty and charges for service provided in the court is permitted, provided the payment request is made in favor of his client.
Article 49 - Plurality of shares to the counterparty. A lawyer shall not aggravate or multiple initiatives with onerous debt situation of the court when that party does not correspond to the actual reasons of protection of the assisted part.
Article 50 - Request for professional fee to the counterparty. It is forbidden to ask the other party's payment of his professional fee, but that that is the subject of specific agreement, with the consent of his client, and when otherwise required by law. I. In particular allowed the lawyer to ask the other party's payment of its professional fee occurred in the case of judicial settlement and default of your customer.
Article 51 - Recruitment of positions against ex? Customers. The hiring of a professional task against a former client is allowed where at least two years has elapsed from the termination of professionalee the subject of the new assignment is unrelated to those conducted previously. In any case, the lawyer shall not use information acquired by reason of the working relationship already sold out. I. A lawyer who has seen the couple together in family disputes must refrain from performing, in favor of one of them, provide assistance in subsequent litigation between them.
Article 52 - Relations with the witnesses. A lawyer must avoid to spend time with the witnesses about the circumstances of the proceedings by forcing the subject or suggestions for achieving deposition compliant. I. It remains to save the right to investigate the defensive in the manner and terms of the Code of Criminal Procedure, and subject to the following provisions. 1. The defender of trust and the public defender shall also comply with the provisions in the conduct of investigations by defense counsel. 2. In particular, the defender has the duty to assess the need or opportunity to carry out investigations by defense counsel in relation to the needs and objectives of the defense in favor of his client. 3. The choice of the object, the ways and forms of investigations as well as the use of the results lies with the defender. 4. When you use of substitutes, staff study, authorized private investigators and expert witnesses, counsel can provide them with the information and documents necessary for carrying out their duties, also intervened in cases of withholding of documents, recommending the bond of secrecy and the obligation to communicate the results only to the defender. 5. The defender has the duty to maintain confidentiality on the statements of defense investigations and their content, until it uses it in the proceedings, unless the disclosure for good cause in the interests of his client. 6. The defender also has the obligation to keep the information strictly in confidence the defense investigations for as long as considered necessary or helpful to their defense. 7. It is prohibited to the defender and the various stakeholders to pay fees or allowances under any form to people interviewed for the defensive investigations, except for permission to provide for the reimbursement of expenses. 8. The defender has to inform the people interviewed for the purposes of the investigation of their quality, with no obligation to disclose the name of the assisted. 9. The defender must also inform the respondents that if you make use of the right to remain silent, may be called to a hearing before the prosecutor or to make an examination of witnesses in the courts, where they will be required to respond to questions from the defender. 10. The defender must also inform the person under investigation or charged in the same case or other proceedings connected with or related to, if you make use of the right to remain silent, may be called to review a court in recording evidence. 11. The defender, when it intends to make access to a private place, shall require the consent of those who have the availability, informing him of its quality and nature of the act to be done, and the possibility that, unless it is consented, the act is authorized by the court. 12. To give, ask for written statements or obtain information from the victim by the crime the defendant shall call with written notice to the office of the same victim, where it is known to exist. If it is not assisted, in the invitation is given the opportunity, however, that a lawyer be consulted and when to intervene. In the case of a minor, the call is also communicated to the person exercising parental authority, with power to intervene at the time. 13. The defender, even when does not prepare a report must document the condition of places and things, providing that nothing has changed, altered or missing. 14. The defender has the duty to respect all the provisions laid down by law and must still be put in place the precautions necessary to ensure the authenticity of the declarations. 15. The defender must document the information gathered in their entirety. When will the phonographic reproduction of the information can be documented in summary form. 16. The defender is not required to release copies of the minutes to the person who made or information to his lawyer.
Article 53 - Relations with the judiciary. Relations with the judiciary must be based on dignity and respect which agree to each other's functions. I. Except in special cases, the lawyer can not discuss the ongoing civil trial with the judge in charge of the legal process without the presence of the opponent. II. The lawyer called upon to act as honorary judge must comply with all obligations relating to these functions and the rules on incompatibilities. III. The lawyer must not take advantage of any relations of friendship, familiarity or confidence with the magistrates to obtain favors and preferences. However, it should avoid to stress the nature of these relationships in the exercise of his ministry, or against the presence of third persons.
Article 54 - Dealings with referees and technical advisors. The Advocate must inspire his relationship with referees and technical advisors to honesty and fairness, respecting each other's functions.
Article 55 - Arbitration. The lawyer called upon to act as a referee is obliged to conduct its own conduct to ensure probity and fairness and that the proceedings be conducted with impartiality and independence. I. The lawyer can not assume the functions of judge when he has ongoing business relationship with either party. II. The lawyer can not accept the appointment as arbitrator if a party to the proceeding to be assisted by another professional of his partner or associate with him, or engaged in the same premises. III. In any case, the lawyer must communicate to share any factual situation and any relationship with the defendants that could affect its independence in order to obtain the consent of the parties' fulfillment of the task. IV. A lawyer who has been asked to act as arbitrator shall state in writing, to accept the assignment, the absence of impediments to recruitment of the reasons as a referee or other relationships, professional, commercial, economic, family and personal with one of the parties. Otherwise, it must specify reasons for these impediments, the nature and type of these reports and can accept the assignment only if the parties do not object within ten days of receipt of the notice. V. A lawyer who is appointed judge should behave during the proceedings in order to preserve the trust placed in him by the parties and must remain free from external influences and constraints of any kind. He also: - has a duty to maintain the confidentiality of the facts which come to their knowledge by reason of the arbitration proceedings - should not provide information on matters relating to the proceedings - must not disclose the decision before it is formally communicated to all parties.
Article 56 - Relations with third parties. The lawyer has a duty to consult with fairness and with respect for the auxiliaries of justice, its employees and all persons in general which is in contact in the profession. I. Even outside of the profession, the lawyer has a duty to behave in interpersonal relationships, so as not to jeopardize the trust that third parties must have in its ability to perform professional duties and dignity of the profession.
Article 57 - Elections lawyers. A lawyer who participates, as a candidate or as a supporter of candidates in elections to representative bodies Advocacy must behave with integrity, avoiding forms of propaganda and action that is inconsistent with the dignity of work. I. E 'prohibit all forms of election propaganda initiative or at the place of elections and during the voting process. II. In places of carrying out the voting is permitted only display of voter lists and posters containing the rules for the conduct of the voting process.
Article 58 - The testimony of the lawyer. Where possible, the lawyer must refuse to testify as a witness on the circumstances learned in the exercise of his profession and about the mandate received. I. The lawyer should never engage in front of the judge's word about the truth of the facts presented in court. II. If the attorney wishes to appear as witness must give the mandate and can not hire him.
Article 59 - Obligation to ensure the fulfillment of its obligations to third parties. The lawyer is required to provide regular performance of its obligations to third parties. I. Failure to comply with obligations not connected with the profession takes on the character of a disciplinary offense, when, how or gravity, is such as to undermine confidence in the ability of the third lawyer to comply with their professional duties.
TITLE V FINAL PROVISIONS Article 60 - Final Provision. The specific provisions of this code are examples of the behaviors most frequently and do not limit the scope of the general principles cast.
Approved by the National Bar Council at its meeting on April 17, 1997 and amended October 16, 1999, 26 October 2002 and January 27, 2006. Further amendments were adopted December 14, 2006, pursuant to the law of 4 August 2006, no 248 and June 12, 2008.
Source: http://www.consiglionazionaleforense.it/
