- Journal Issues
- № 4 2017 Actual problems of criminal justice
- Problems of interdisciplinary research
- Principle of priority of client's interests in the system of ethical principles of advocacy
Principle of priority of client's interests in the system of ethical principles of advocacy
Review
The article describes the results of author's research on the content of such an ethical principle of advocacy as a priority of client's interests.
Noted that the formation of the ethical principle of priority of client's interests was the result of awareness of the legal community the fact that the sole incentive force of the professional activity of the lawyer can be solely the interests of the client. The main professional duty of a lawyer is the execution of lawful and ethically permissible commitments to the client. Based on the norms of international legal and domestic acts, guarantees of its implementation are outlined.
In the context of the content of the analyzed principle clarified its relationship with the principle of independence of the lawyer in advocacy, ethical component is investigated from the viewpoint of its distinction into external and internal. Having determined their content, the boundaries of the analyzed basis are outlined. Stressed that the lawyer is not entitled to perform immoral instructions of the client. However, the denial of a lawyer to execute an assignment is extreme, an exceptional measure which should be applied quite carefully and only when all reasonable tools to resolve differences in the positions of the lawyer and his client has been applied.
In the end, it is concluded that in the question of the relationship between the principles of priority of client interests and the independence of the lawyer, the search for a "reasonable" balance will always remain relevant.
Key words: lawyer, ethical principles, principles of advocacy, priority of client's interests, lawyer's independence.