Professional legal ethics: types, code, concept. Code of ethics in the professional activities of a lawyer

MINISTRY OF EDUCATION OF THE RUSSIAN FEDERATION

VOLGOGRAD STATE ECONOMIC AND TECHNICAL COLLEGE

TEST

BY THE COURSE "ETHICS »

OPTION 2

1. PROFESSIONAL ETHICS

The word "ethics" comes from the ancient Greek word "ethos" - a place of residence, a joint dwelling. In the modern sense, ethics is a philosophical science that studies morality as one of the most important aspects of human life, society. If morality is an objectively existing specific phenomenon of social life, then ethics as a science studies morality, its essence, nature and structure, patterns of emergence and development, place in the system of other social relations, and theoretically substantiates a certain moral system.

In domestic publications of the modern period, the prevailing definition of ethics is the science of the essence, the laws of the origin and historical development of morality, the functions of morality, moral values. public life. In ethics, it is customary to divide two kinds of problems: the actual theoretical problems about the nature and essence of morality and moral ethics - the doctrine of how a person should act, what principles and norms should be guided by.

Among the branches of ethical science, professional ethics are distinguished.

The term "professional ethics" is usually used to denote not so much a branch of ethical theory as a kind of moral code of people of a certain profession. Such, for example, are the "Hippocratic oath", the Code of honor of a judge Russian Federation.

Every profession has its moral issues. But among all professions, one can single out a group of those in which they arise especially often, which require increased attention to the moral side of the functions performed. Professional ethics is important primarily for professions, the object of which is a person. Where representatives of a certain profession, due to its specificity, are in constant or even continuous communication with other people, associated with the impact on their inner world, fate, with moral relationships, there are specific "moral codes" of people of these professions, specialties. Such are the ethics of the teacher, the ethics of the doctor, the ethics of the judge.

The existence of moral codes for certain professions is evidence of social progress, the gradual humanization of society. Medical ethics requires doing everything for the sake of the patient's health, in spite of difficulties and even one's own safety, to keep medical secrets, and under no circumstances contribute to the death of the patient. Pedagogical ethics oblige to respect the personality of the student and to show due exactingness to him, to maintain his own reputation and the reputation of his colleagues, to take care of the moral trust of society in the teacher. The ethics of a scientist include the requirement of selfless service to the truth, tolerance for other theories and opinions, inadmissibility of plagiarism in any form or deliberate distortion of results. scientific research. The ethics of an officer obliges him to wholeheartedly serve the Fatherland, to show steadfastness and courage, to take care of his subordinates, and to protect the honor of an officer in every possible way. The ethics of the professions of a journalist, writer, artist, the ethics of television workers, and the service sector contain their own requirements.

Thus, professional ethics is a set of rules of conduct for a certain social group that ensures the moral nature of relationships caused or associated with professional activities, as well as a branch of science that studies the specifics of moral manifestations in various activities.

Legal ethics is determined by the specifics of a lawyer's professional activity, the peculiarities of his moral and social status. "The need for increased moral requirements, and consequently, special professional morality, as historical experience shows, is manifested primarily in medical, legal, pedagogical, scientific, journalistic and artistic activities, i.e. in those areas that are directly related to education and satisfaction of the needs of the individual" 1 .

Peculiarities professional activity judges, prosecutors, investigators are so peculiar and so significantly affect the rights and interests of people that they require a separate description in terms of their influence on the moral content of this activity.

The actions and decisions of the court, prosecutor, investigator affect the fundamental rights and interests of citizens. Therefore, it must comply with the principles and norms of morality, the protection of the authority of state power and its representatives. The fulfillment of public duties requires from the authorities a heightened sense of duty. People who decide the fate of others must have a developed sense of responsibility for their decisions, actions and deeds.

Detailed and consistent regulation by law of all official activities of a judge, investigator and prosecutor is a feature of this profession, which leaves a deep imprint on its moral content. There is, perhaps, no other branch of professional activity that would be regulated by law in such detail as the procedural activity carried out by a judge, prosecutor or investigator. Their actions and decisions in substance and form must strictly comply with the law. The professional ethics of a lawyer is characterized by a particularly close connection of legal and moral norms that regulate his professional activities.

Realizing the legal and moral requirement of justice, the lawyer relies on the law. Emphasizing the inseparable unity of justice and legality, M.S. Strogovich wrote that any decision taken by state bodies "must be lawful and fair; moreover, only a fair decision can be lawful, injustice cannot be lawful" 2 .

This formula correctly defines the ratio of legal and moral in the activities of any lawyer. Any decision, any action of an investigator, prosecutor, judge, if it corresponds to the law, its correctly understood essence, will correspond to the moral norms on which the law is based. Apostasy from the law, circumvention of it, distorted, misinterpretation and application are inherently immoral. They contradict not only legal norms, but also moral norms, professional ethics of a lawyer. At the same time, not only conscious violations of the law are immoral, but also wrong, illegal actions and decisions, due to the unwillingness to deeply master the necessary knowledge, constantly improve it, slovenliness, disorganization, lack of internal discipline and due respect for the law, its prescriptions.

Thus, the professional ethics of a lawyer is formed on the basis of the relationship and interdependence of legal and moral principles, norms, legal and moral consciousness.

Independence and subordination only to the law form the most important principle of the activities of the bodies of justice, which has a significant impact on its moral content.

From the principle of independence and subordination only to the law follow important requirements of a moral nature. A judge, prosecutor, investigator has no right to yield to local influences, to be guided not by the requirements of the law, but by instructions, advice, requests, etc. individuals or institutions, no matter how high their rights. Carrying out their functions in the interests of the whole people in the name of fulfilling their will expressed in the law, the judge, prosecutor, investigator are guided by the law, their moral principles, their conscience.

A judge, prosecutor, investigator bear personal responsibility for the legality or illegality of their actions and decisions, their fairness or injustice, benefit or harm caused by them, without the right to refer to someone else's order, direction, order or advice. They are morally responsible both to the state, society, other people, and to their own conscience.

A feature of the professional activity of a lawyer is the publicity of its implementation or results, control of the public, public opinion, their assessment of the fairness, morality or immorality of the activities of professional participants in legal proceedings. The Constitution establishes that the proceedings in all courts are public. Hearing a case in a closed session is allowed only in cases stipulated by federal law.

Open trial of criminal cases in all courts is the rule, while closed trial is a rare exception. Sentences are in all cases proclaimed publicly. Judges perform their duties of administering justice in open court sessions, in public, in the presence of citizens. Their observance of moral norms or deviations from them, the justice or injustice of their decisions are controlled by public opinion.

The activity of a lawyer is carried out in the field of social and interpersonal conflicts. The activities of the court - justice affects the interests of many people, often directly opposite. The judiciary is called upon to fairly resolve various and complex issues, not only when someone has violated the criminal law and must be punished, but also when a conflict situation arises in any other area regulated by law. This is both the legality of the strike and the legality of the closure printed edition, and the legality of an act of executive or command power, and disputes over property, and the lack of agreement between parents about who the children remain with in a divorce, etc.

People who are entrusted in accordance with the law with the resolution of social and interpersonal conflicts bear increased moral responsibility for their actions and decisions. Moral problems always accompany people of the legal profession. It follows from the foregoing that the features of the profession of a lawyer determine the need for the existence of legal ethics.

2. PATTERNS OF BEHAVIOR

Human behavior is understood as a certain way organized activity that connects the organism with the environment.

Every human action is inevitably included in the system of social relations; Every relation to a thing indirectly, mediately necessarily includes this or that relation to a person. Through relations to things, in human society always included in the relationship between people, a person is always related to a person. But in some actions or acts of behavior, it is this attitude that becomes the leading one: it determines the motives of behavior and all its internal psychological content. These actions are called deeds. Through the study of actions, one can penetrate deeper into the psychology of the human personality.

Forms or patterns of human behavior are regulated through the senses and nervous system. These forms of behavior are first divided into two major major steps:

based on biological forms of existence, developed in the process of adaptation of the organism to the environment, instinctive , i.e. unconscious, patterns of behavior.

based on historical forms of existence, developed in the process of social and labor practices that change the environment, conscious behavior patterns 3 .

mental development human is due to the general laws of socio-historical development. At the same time, the significance of biological natural patterns is not abolished, but “removed”, i.e. at the same time, it is preserved, but in a mediated and transformed form.

Depending on the changing environment and other factors during human activity There are different sub-levels of behavior patterns, namely:

1. Instinctive forms of behavior in a narrower, specific sense of the word, i.e. forms of behavior in such a dependence of the function on the structure, in which a change in behavior in relation to vital situations is basically possible only as a result of a change in the hereditary organization.

2. Individually variable forms of behavior :

a) those that are based on functional stereotypes developed in the process of individual development and adapt to the current situation only insofar as it is a repetition of already former situations: individually-changeable models of behavior such as skills (reactions or actions that arise from learning or individual experience and function automatically) ;

b) related to development intellectual rational activity.

Within group II, which characterizes the development of consciousness, two stages are distinguished, determined by the level of social practice: at the first stage, representation, ideas, and consciousness are still directly woven into material practical activity and into the material communication of people; on the second - from practical activities theoretical activity stands out and, in connection with this, all aspects of the psyche are significantly rebuilt and changed.

In the course of development, all these steps are externally superimposed on each other, and they pass into each other.

The change in the forms of cognition, or reflection, of the surrounding reality is inevitably interconnected with the change in the forms of motivations, which also psychologically differentiate behavior patterns. By modifying the internal structure of behavior, forms of cognition, arising within certain forms of behavior and depending on them, in turn mediate the transition from one form of behavior to another.

Thus, in a wide variety of concrete acts of behavior that have to be observed in individuals on different stages evolutionary development, there are three main, different in their psychological nature, models of behavior: instinctive behavior, skills and reasonable behavior.

IN Everyday life a person has to face situations when it is necessary to apply certain models of reasonable behavior. In particular, such situations arise in business communication of a person. The formation of behavior patterns occurs according to certain general rules.

An important strategic characteristic of behavior in business communication is the formation of a goal. In many respects, the whole outcome of a communicative contact depends on how to find and set a goal, highlight the main and secondary goals, and choose the means of their implementation.

In the very general view when forming a behavior model in the communication process, you can focus on six simple steps when setting a goal:

Start a conversation with a partner and name the reason (reason) for the discussion.

Formulate the goal, explain the starting position and justify the need for change.

Make sure the goal is understood and allow questions to be asked. Ask about possible objections. Explain the position.

Find an agreement on how to achieve the goal, terms, conditions.

Fix the results of the discussion, agree on the terms of the agreement.

Fix the basis of cooperation, express trust to the partner 4 .

Behavioral goal setting in business communication should follow some principles, namely:

Only clear goals lead to a successful result. Clarity of purpose presupposes its meaningfulness and clear formulation.

Goals should focus on what matters most. At the same time, it is necessary to understand that the goal has its own prerequisites and means of implementation.

Goals need to be discussed.

Goals need to be specified in activities. Strategy

goal setting and tactics for its implementation should be interconnected.

Goal setting should include continuous improvement of the state.

Approximation of the goal should correspond to a greater mobilization of funds and efforts.

After setting the goal of communication, a speech model (strategy) of behavior should be developed. The process of developing such a strategy includes:

determination of the role of the cooperative or confrontational factor in the communicative process. This accordingly determines the methodology and tactics of reaching agreements or the tactics of struggle;

qualification of the subjects of the communicative process either as partners or as opponents and adversaries;

specification of goals depending on the choice of one's position in accordance with the two above provisions;

comprehensive definition of one's own position and the position of a partner or opponent according to specified goals;

formulating the main and reserve (additional) models of actions for the implementation of the main and additional goals;

the final, generalized definition of the strategy in accordance with all the above points.

The strategy of behavior can be described as a kind of rational activity. The elementary actions of this type of activity will be the acceptance of an offer or the rejection of previously accepted offers. Then the tactics of behavior is a kind of rules, methods and prescriptions adopted to expand the class of existing descriptions.

LITERATURE

All about etiquette: A book about the norms of behavior in any life situations. - Rostov n / D .: "Phoenix", 1995.

Koblikov A.S. Legal ethics. - M.: NORMA-INFRA-M, 1999.

Kubratov V.I. Business success strategy. - Rostov-n / D: "Phoenix", 1995. (88.5 / K 93 / AB)

Marxist ethics: Tutorial for universities / Under the total. ed. A. I. Titarenko. M., 1980.

Problems of Judicial Ethics / Ed. M.S.Strogovich. - M., 1974.

Rubinshtein S.L. Fundamentals of General Psychology.: In 2 vols. T. 1. - M .: Pedagogy, 1989.

Kharchenko V.K. Behavior: From real to ideal. - Belgorod, 1999. (87.7 / X 227 / AB)

1 Marxist ethics: Textbook for universities / Under the general. ed. A. I. Teetarenko. M., 1980. S. 272.

2 Problems of judicial ethics / Ed. M. S. Strogovich. S. 28.

3 Rubinstein S.L. Fundamentals of General Psychology.: In 2 vols. T. 1. - M .: Pedagogy, 1989. - P. 141.

Ethics Judge Ethics Test work >> Ethics

WORK ON A PROFESSIONAL ETHICS LAWYER Subject: Ethics Judges Plan Introduction Independence... of the court is on judges characteristics and recommends them for... definitions Melancholic 10. Summarizing characteristics personalities Solidity, intelligence, self-sufficiency...

Professional Conduct of a Lawyer – compliance with a set of mandatory legally-defined and ethical rules professional behavior in the performance of official duties or in direct connection with them (official behavior), as well as those related to his non-official position or the possession of professional information, professional skills (out-of-service behavior).

Exactly high degree influence of a lawyer as a person carrying out professional legal activities, explains the fact that the professional behavior of a lawyer is regulated by legal acts. Violations of legally defined or ethical rules of professional conduct, respectively, entail sanctions against lawyers who have committed these violations. For example, in accordance with paragraphs 7 and 9 of Article 14 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation”, the grounds for termination of the powers of a judge, among others, are: engaging in activities incompatible with the position of a judge, as well as committing an act that dishonors the honor and dignity or diminishing the authority of the judiciary.

The problem of a lawyer's professional behavior is especially acute when combining activities, primarily legal, political, entrepreneurial, and also in all cases when lawyers (consciously or not) seek to use their position for personal purposes.

The professional behavior of a lawyer can be expressed in the form of actions: a) performed in the performance of official duties or in direct connection with them (official behavior); b) associated with his non-official position or the possession of professional information, professional skills, etc. (out-of-service behavior).

Examples of various positive, neutral and negative types and manifestations of professional (official and off-duty) behavior of a lawyer can be, in particular: political campaigning; lobbying for bills; committing legally significant actions for their own purposes; speeches in the media and before citizens; observance of certain general and special norms of morality; making civil law transactions using official influence (purchasing shares, buying an apartment), etc. All these types of behavior can manifest themselves in the official sphere, as well as in the sphere of politics, economic activity, at home. The purpose of regulating the professional conduct of lawyers is to:

a) ensure the interests of society and citizens, minimize the risk of abuse of significant opportunities of the legal profession, especially in its individual areas (law enforcement, court, prosecutor's office, etc.);

b) to protect lawyers themselves from exaggerated demands;

c) justify the necessary and reasonable methods of social control over the activities of lawyers, since novice and even experienced lawyers are forced to reckon with the fact that society constantly shows an increased interest in the behavior of lawyers.

The professional behavior of lawyers has legal regulation. Used 2 way of legal regulation of the professional behavior of a lawyer closely related:

a) prohibitions to perform certain actions or damage the authority of the profession;

b) instructions to behave properly in appropriate situations.

Any prohibition in regulating the professional conduct of a lawyer must be justified by the fact that the prohibited behavior may either violate the rights and freedoms of others or undermine confidence in the professional activities of lawyers. Without this, the restriction of the freedom of behavior of lawyers would be contrary to the basic principles of constitutional law.
At the same time, wherever the unrestricted exercise of their rights by lawyers creates a danger to others or directly violates their rights, it is possible to prohibit the intervention of the law. This approach is seen in many countries.

The current legislation regulates the professional behavior of lawyers in some detail and sometimes very strictly by means of prohibitions. Consider first the general prescriptions for the conduct of lawyers, and then the prescriptions relating to individual areas of conduct.

Formally, it is difficult to talk about the existence of legal regulation of the behavior of all groups of lawyers as a whole. Of course, all lawyers with their professional behavior cannot violate the Constitution of the Russian Federation, commit offenses. Many provisions regulating the professional behavior of officials in the field of combating crime are formulated in UN documents and international agreements.

At the same time, there are general prescriptions that determine the behavior of lawyers who are on public service. Although they do not apply to lawyers who are members of the free profession, they can still to some extent be included later in the laws that determine the position of “free” lawyers, in each case, of course, a special approach is required.

With regard to professional behavior, one should point out a number of restrictions adopted by industry legislation: prohibition to engage in other paid activities (except for pedagogical, scientific and other creative activities); be a member of representative and local self-government bodies; engage personally or through proxies entrepreneurial activity and many others.

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The code of professional ethics of a lawyer is a system of moral principles that underlie the activities of a lawyer and serve as his worldview and methodological guideline.

It is not possible to give an exhaustive list of all the moral principles of a lawyer, because each person is individual and is the bearer of more or less of them in different combinations. However, there are basic moral principles, without which a professional lawyer cannot take place in a state of law. They constitute the content of the code of professional activity of a lawyer:

1. The rule of law - means the lawyer's awareness of his mission of serving law and law, compliance with the rule of law. A practicing lawyer should not equate the concepts of law and law, but cannot oppose them. He must be guided by the consideration that the law in a constitutional state is legal, fair, subject to strict enforcement. Even if any law, from his point of view, does not fully meet the ideas of the rule of law, the lawyer is obliged to guard the observance of its provisions. This can be called the principle of being bound by law, the priority of law, which cannot be refuted. It is lawyers who are called upon to fight against legal anarchy, nihilism, to be "servants" of law, guardians of the law.

Thus, Article 20 of the Law of Ukraine "On the Police" clearly states: "A police officer, in the performance of his duties, is guided only by the law, acts within its limits and obeys his immediate and direct superiors. No one has the right to oblige a police officer to perform duties not provided for current legislation." The law acts as a criterion for "lawful" and "illegal" behavior when employees of the Security Service of Ukraine carry out their activities (most of which have a law degree). According to Art. 35 of the Law of Ukraine "On the Security Service of Ukraine" dated March 25, 1992, "employees of the Security Service of Ukraine independently make decisions within their powers. They must refuse to comply with any orders, instructions or instructions that contradict the current legislation."

2. Humane attitude to people - an indispensable principle included in the code of professional ethics of a lawyer. He emphasizes that one high qualification (diploma and subsequent attestations) is not enough to take place professional worker legal labor. Of great importance is his caring attitude towards each person he encounters in the course of his official duties. All people with whom a lawyer communicates by the nature of his activity (witnesses, victims, suspects, defendants, etc.) perceive him not only as the performer of a certain professional role, but also as a person with all his positive and negative qualities. Everyone who, by force of circumstances, is involved in communication with a prosecutor, investigator, judges, a lawyer, etc., expects from them not only a qualified (professional) performance of duties, but also a respectful attitude.

In the attitude of a lawyer to each specific person, one can judge the moral culture of the lawyer himself. The respectful attitude of a lawyer towards a person and his problems allows creating a special psychological atmosphere of trust and ensuring the success of a legal case.

A humane (respectful) attitude towards people is an attitude in which the dignity of the individual is practically (in appropriate actions and motives) recognized. The concept of respect that has developed in the moral consciousness of society implies: justice, equality of rights, the fullest possible satisfaction of the interests of people, trust in people, attentive attitude to their beliefs, problems, sensitivity, courtesy, delicacy.

Unfortunately, in practice, the idea that a person, his honor and dignity are above all, has not yet mastered lawyers, this is especially true for some law enforcement officers. Often police officers in their activities infringe on the rights of victims through inaction on their part - refusal to register crimes and initiate criminal cases, despite the existence of sufficient grounds for this.

Great harm is done to the "lawyer-client" relationship by the bureaucratic thinking of some "servants of the law." With such thinking, there is no place for a person. For a bureaucrat, a man - in best case a means for solving socially significant problems, at worst - an obstacle in the way of solving these problems. A situation arises when, for the sake of the good of society, the rights and interests of the individual are infringed.

Bureaucracy is always anti-democratic, but in law enforcement agencies it is more dangerous: there are immeasurably more opportunities for suppressing the individual, here the line separating justice from arbitrariness is more imperceptibly erased. To avoid this, it is necessary to return law enforcement to its originally conceived mission as a protector of people, a reliable guarantor of justice.

It is advisable to adopt the arguments of A.F. Koni about the relationship between the prosecutor and the participants in the trial. The prosecutor, acting as an accuser in court, is obliged with equal sensitivity and zeal to protect both the interests of society and human dignity personality. He must have such qualities as "calmness, the absence of personal anger against the defendant, the neatness of the accusation's methods, alien to the excitation of passions." "The prosecutor must always remember that he and the defense counsel have one common goal: to assist with different points view of the court to find out the truth by the means available to human forces.

3. Integrity is one of the basic principles of a high moral level in the performance of professional powers, meaning an organic inability to dishonorable act. It manifests itself, first of all, in the methods and techniques used by a lawyer in his activities. To achieve any goal, a lawyer chooses such methods and techniques that do not contradict the norms of law and morality. It is impossible to legally regulate all the nuances associated with legal practice, therefore, in some situations, the fate, good name depends on the integrity of the investigator, judge, notary specific person or his loved ones.

The integrity of a professional lawyer is based on such qualities as trust and empathy, honesty and truthfulness. These qualities should be manifested in all types of relationships: "leader - subordinate", "between colleagues", "lawyer - client".

4. Trust is a person's attitude to the actions of another person, to himself, and is based on the belief in his rightness, loyalty, conscientiousness, honesty.

Some leaders see in their subordinates only executors of their will, forgetting that they are primarily people with inherent problems and concerns. In this situation, the subordinate does not feel needed, does not fully feel like a person, especially if the boss is often rude to him. This intolerable situation in the team creates conditions under which callousness, rudeness is transferred to their colleagues and to communication with other people. In order to avoid this, the leader must take constant care of each member of the team. He is sometimes required to simply show interest in the problems in the subordinate's family, find out his opinion on issues related to work, and give him an objective assessment as a specialist. Only with this approach does the subordinate fully realize that the interests of the case are his interests.

Trust between colleagues plays a huge role, because with the seeming individuality of a lawyer's work, a positive result in resolving any legal case can only be achieved through the joint efforts of the entire team, acting as an association of like-minded people. Sympathy, as an understanding of the feelings and thoughts of another, is expressed in providing moral support to his aspirations and willingness to contribute to their implementation (for example, knowing about the lack of experience of his young colleague, to provide him with all possible assistance in difficult situations). Trust and empathy towards clients is one of the important ways to establish psychological contact, since a person only then wants to cooperate with a lawyer (investigator, lawyer) if he realizes that there is a person opposite him who empathizes with him and wants to help by establishing the truth about case. A lawyer should not be aggressive, embarrass the client, make him feel guilty (except in special situations), suppress him or, on the contrary, noticeably adapt to the position of the interlocutor, fawn over him. It is trust and sympathy for a person that are the criteria for choosing a preventive measure by a lawyer (investigator, prosecutor, judge), as well as determining the type and measure of punishment, based primarily on the provisions of the law.

5. Honesty implies adherence to principles, fidelity to the obligations assumed, subjective conviction in the rightness of the ongoing work, sincerity to others and to oneself, recognition and observance of the rights of other people to what legally belongs to them. This quality should determine the behavior of a lawyer in all cases when he, communicating with a client, assumes obligations to perform significant actions for him, such as: ensuring the safety of him or his family members, creating all conditions for protection, a promise to complete the case no matter how hard it is to do so.

Honesty is the key moral relations in legal practice. This requirement follows from the objective necessity of joint activity, subordinated to a common interest - the establishment of truth.

6. The truthfulness of a lawyer is a moral quality that characterizes him as a person who has made it a rule for himself to tell people the truth, not to hide the real state of affairs from them, if this does not harm the interests of the individual and the state.

Truthfulness is a universal requirement, however, certain types of legal activity, due to their specificity, need some restrictions - justified and permissible. These include virtuous deception: disinformation of the enemy, legends of operational-search activities and some other means used by law enforcement agencies. To this we can add that the truth is not always moral. Disclosing the plan of the ongoing operation to the criminals cannot be called a moral act. In some cases, deception against one's colleagues can be considered acceptable and justified if the case under consideration is related to the corruption of officials in order to avoid pressure from "interested persons".

7. Selflessness - expressed in actions that by their nature represent an act of self-sacrifice - voluntary sacrifice of one's interests, and sometimes even life for the interests of other people, achieving goals, in the name of justice.

In the conditions of the transitional period of our society and state, accompanied by the instability of the economic, political and spiritual life of the people, it is lawyers, as bearers of high ethical principles, who should become a model in the performance of their professional functions. Often sacrificing their personal interests, both spiritual and material, they get satisfaction from the results of their work: a high-quality and complete investigation of a criminal case, a successful defense of a client in court, etc. So, the practical effectiveness of the act of a law enforcement officer who enters into an unequal struggle with the enemy and sacrifices his health is very small, but at the same time his moral value, because its moral consequences strongly affect the consciousness and behavior of all members of society, both law-abiding and criminals.

Dialog communication

Communication is a two-way street. In order to communicate, we must express our ideas, our thoughts to those with whom we communicate, but we must allow our interlocutors to also express their ideas, thoughts and feelings.

A business conversation, as a rule, consists of the following stages: familiarization with the issue being resolved and its presentation; clarification of the factors influencing the choice of solution; choice of solution; making a decision and bringing it to the interlocutor. Recipe for success business conversation- competence, tact and goodwill of its participants. An important element of both business and social conversation is the ability to listen to the interlocutor.

Business conversation rules

Speak in such a way that each participant in the conversation can easily enter into a conversation and express their opinion.

· Intolerance to someone else's point of view is unacceptable. Expressing your opinion, you can not defend it, getting excited and raising your voice.

Elegance in conversation is achieved through clarity, accuracy and conciseness of the arguments and considerations expressed. During the conversation, it is necessary to maintain self-control, good humor and benevolence.

· Do not use tactless statements.

Professional ethics of a lawyer

Considered above general principles business communication. However, the specifics of business communication depends on the scope and nature of the work.

Professional Code of Ethics

The emergence of the first professional ethical codes occurred in ancient times. Moral regulations for priests performing priestly and judicial functions should be considered as such codes. Creation professional codes testified to the transition from the ordinary moral professional consciousness to the theoretical one. And this means that the formation of professional ethics has taken place. Professional ethics forms the norms, standards, requirements specific to certain types of professional activity. Thus, professional ethics is a code of conduct that prescribes the type of relationship that seems best from the point of view of the employee's performance of his professional duties in a particular field of activity.

It should be recognized that the expression "professional ethics" is to a certain extent conditional, because, as noted above, it means nothing more than professional moral codes. And from this point of view, it is legitimate to speak of professional morality. However, the expression "professional morality" implies spontaneity in the formation of specialized moral norms. The use of the concept of "professional ethics" is justified in the sense that it emphasizes the importance of a particularly carefully considered development of moral standards. The norms of professional morality are created by certain interested organizations with the involvement of theorists; they contain a significant element of rational justification. Although it should be clearly understood that the norms of morality act as a social regulator in specialized professional activity, and ethics is a form of their substantiation and systematization.

In principle, it is possible to develop a professional ethics for any activity. However, society shows increased moral requirements for certain types of professional activity. Basically, these are such professional areas in which the very process of activity requires the coordination of the actions of all its participants. Particular attention is paid to moral content activities of those professional groups, the object of which is a person. This causes a higher and multifaceted responsibility. There is a need for additional incentives and norms of behavior.

These increased requirements, in particular, relate to the sphere of administration of justice, which has the right to make responsible decisions regarding the fate of the individual and the state of society. So on December 17, 1979, the UN General Assembly adopted the Code of Conduct for Law Enforcement Officials.

The Code formulates the basic rules of conduct for officials, which, in particular, include all appointed or elected persons whose activities are related to the application of law, who have police powers, especially to detain offenders.

Law enforcement officials have the responsibility to ensure the full protection of the health of detainees, in particular to take immediate action to ensure that medical assistance is provided if necessary.

The law enforcement system has also developed norms and principles of professional ethics in accordance with their place and functions in this system. We can talk about the existence of professional ethics, judges, prosecutors, lawyers, investigators and other participants in the law enforcement system.

Judge's code of honor

A significant role in ensuring the moral principles of law and order belongs to the judge. The main norms of the activity of a judge are regulated by the legislation. However, no matter how detailed the Law regulates the activities of a judge, it is not able to cover all moral requirements. Therefore, a code of honor for judges was adopted. The Code establishes the rules of conduct for a judge in professional and non-service activities.

· In his activity, the judge must be guided along with the Constitution and other legislative acts.

· A judge must avoid anything that could diminish the authority of the judiciary.

· The judge must be impartial, not allowing anyone to influence his professional activities.

· The referee is obliged to maintain his qualifications at a high level.

· The judge must conscientiously fulfill his professional duties and take all necessary measures for the timely consideration of the case.

business etiquette conversation lawyer code honor

Lawyer Code of Professional Ethics

The moral aspects of the lawyer's professional activity are regulated by the Lawyer's Code of Professional Ethics, adopted on January 31, 2003.

· A lawyer under all circumstances must maintain honor and dignity.

· A lawyer should avoid actions aimed at undermining trust.

· Professional secrecy is an absolute priority for a lawyer.

· A lawyer cannot cede the right of a monetary claim to a principal.

· A lawyer is not entitled to make public statements about the proven vein of the principal, if he denies it.

Recall that today they are obliged to be guided by ethical codes, in particular, and. However, for lawyers who do not have a special status, there are no ethical requirements at the legislative level. Moreover, they do not yet have the opportunity to focus, for example, on a special professional standard - it has not yet been developed.

The opinions of experts as to whether there is a need today to adopt a single document regulating the issues of professional ethics of lawyers are divided. This was influenced, among other things, by a possible perspective. So, according to the founder and owner of the company "Judicial Bureau Gulko" Alexandra Gulko, the adoption of a unified code of ethics for lawyers will take the first step towards recognizing them as professionals who can work without the status of a lawyer.

And according to the managing partner of the Moscow Bar Association Gorelik and Partners Lada Gorelik On the contrary, it would be optimal to introduce a lawyer monopoly in the judicial sphere, implying uniform professional ethical standards. At the same time, she acknowledged that although unification is necessary, this issue requires careful study and reflection, since it affects a large community.

There is another opinion - today not all lawyers adhere to ethical principles in their work, so the adoption of such a code is unlikely to change the realities. This is the opinion of the head of the legal department of the Assistance Service for Conscripts. However, on the other hand, such a document, in her opinion, would help to instill professional ethics and standards of behavior in law students.

However, the absence of uniform norms does not mean that the behavior of a lawyer is not regulated in any way. Many companies define ethical standards locally. According to Alexander Gulko, in practice, 90% of law firms use professional standards of conduct. The head of the legal services group at Intercomp added that ethical standards can also be set at the level of the company's legal departments. The relevant documents regulate issues such as providing opinions, holding meetings with clients, response times, etc.

The "code" was based on the positions of Lada Gorelik, Alexander Gulko, Ivan Katyshev, Ekaterina Mikheeva, as well as the lawyer of the Inter-Republican Bar Association of Moscow Elizabeth Bernstein and managing partner of the law firm "AVT Consulting", lawyer Alexandra Tarasova.

A lawyer must maintain independence in the performance of his professional duty.

A professional is obliged to rely in his activities only on the law. He cannot yield to the interests of authorities, persons and organizations that have influence and try to put pressure on a lawyer or his client.

The lawyer must be competent

He is supposed to be a professional within his branch of law: to know about the latest amendments to regulatory legal acts and understand jurisprudence. A lawyer must conscientiously treat his work, make every effort to protect the interests of the client.

A lawyer must keep professional secrecy

He must make every effort to maintain professional secrecy, since principals often provide confidential information and expect that it will not be disclosed. This may concern not only information on the case, but also other personal information. Secrecy must be maintained even after the fulfillment of obligations and termination of the contract.

A lawyer should be aware that in the event of disclosure of a secret, serious Negative consequences for the principal, since the full protection of his rights and legitimate interests may be difficult or even impossible. Confidence in the lawyer will also be undermined. It is unacceptable for a lawyer to use professional secrecy in his own interests.

Disclosure of confidential information is possible only in cases where it is required by law.

A lawyer needs to take care of his reputation

The greatest harm to a lawyer's reputation can be caused by dishonest fulfillment of obligations to a client.

Other factors, in particular, improper advertising, unfair competition and others, can also negatively affect it.

The behavior of a lawyer in social networks should not harm personal reputation, the reputation of the company and the interests of the client

In the online space, lawyers need to adhere to the same ethical standards that guide them in court hearings or when communicating with clients. Any statements made by a lawyer on the Internet must be responsible and reliable. The statement cannot mislead users. If a lawyer plans to place in in social networks example from practice or personal data of the client, the information must be agreed with him.

Business correspondence in all cases must be conducted in formal business style.

It must be remembered that even one incorrect comment or photo, including those not related to the professional activities of a lawyer, can harm the reputation of not only the lawyer himself, but also his company, as well as the interests of the client.

The lawyer has the right to give comments to the media, provided that this does not violate his obligations to the client

A lawyer has the right to comment on legislative processes, the state of justice, as well as the implementation and protection of the rights and freedoms of citizens to the media. Comments are also allowed. litigation, in which the lawyer takes part, subject to the agreement of the commentary with the client.

However, in relations with media representatives, a lawyer must strictly adhere to ethical standards. It is unacceptable to disclose information that is a professional secret or may harm the interests and reputation of the principal.

A representative of the legal community should also be guided by the presumption of innocence, not allow unfounded comments that are not supported by accurate facts and materials of the case. A lawyer is obliged in all cases to act from the position of law and refrain from negative characteristics when evaluating the actions of colleagues, even if they represent the interests of his procedural opponents.

When speaking in the media, a lawyer must be aware that, according to his speech, society will judge not only about himself and his company, but also about the legal profession as a whole.

A lawyer must respond with restraint and professionalism to criticism.

A lawyer must understand the line between criticism and insult or interference with privacy. He must respond to criticism with restraint and professionalism, and also take into account the comments in future work.

If the criticism is unfounded, and the lawyer's business reputation is in jeopardy, he has the right, like any citizen, to go to court with a demand to refute the data that does not correspond to reality.

A lawyer must be polite in dealing with a client and remember the confidential nature of their relationship.

Any omissions and misleading the client will sooner or later lead to a loss of reputation. A lawyer must listen carefully to his principal, give him the opportunity to fully express himself and not neglect the formalities. When providing a service to protect the interests of a client, it is necessary to constantly inform him about the progress of the case, its nuances and subtleties, explain the essence of the legal position and your strategy.

High-quality and timely provision of legal assistance must be placed above the financial interest in the case. For those who are unable to pay for the services of a lawyer, but need qualified legal assistance, it should be provided free of charge, in accordance with the provisions federal law dated November 21, 2011 No. 324-FZ "".

A lawyer should not allow familiarity in relations with a principal

It is necessary to treat all clients with respect, not to allow familiarity and familiarity, even if the principals themselves do not comply with these rules.

Under no circumstances should a professional use slang or obscene words in his speech.

The lawyer can refuse the case if the client is trying to violate or circumvent the law

Law and morality in the legal profession must be above the will of the principal. Any of his wishes, requests or requirements that go beyond the legal framework cannot and should not be fulfilled by a lawyer. In any of these cases, the lawyer is obliged to convey to his principal the reason for the refusal to conduct the case, substantiating it and identifying the possible risks of adverse consequences.

In special cases, taking into account the circumstances of a particular case, a lawyer may dismiss the case if it contradicts his moral principles.

If the client believes that a different tactic should be followed in the conduct of the case, the lawyer should discuss with him the details and nuances of each position in order to reach a compromise.

If a lawyer is personally interested in the outcome of the case or has previously represented the interests of the other party in the current case, he must also refuse to provide services. All cases of conflict of interest must be reported to the client as soon as the fact of the conflict is established.

The reasons for dismissal of the case cannot be claims that the lawyer and the client have not found common language, the client is too demanding, as well as any other personal reasons. In this case, the behavior of a lawyer is considered unethical and unprofessional.

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It is easy to see that, regardless of the established norms, a real professional will determine the most stringent requirements for the ethics of behavior for himself - which is what the interviewed experts did. Taking into account their opinions, the "code" included 10 theses, but, of course, it can be expanded and supplemented.