- Journal Issues
- № 3 2017 Actual problems of criminal justice
- Problems of advocacy and judiciary
- Trust as the ethical basis of the lawyer's relationship with the client (international and domestic dimension)
Trust as the ethical basis of the lawyer's relationship with the client (international and domestic dimension)
Review
The article presents the results of scientific analysis of the ethical category of trust as a fundamental principle of the lawyer's relationship with the client in light of the existing international and domestic level approaches to the regulation of legal ethics.
Justified that trust is an important factor in the effectiveness of professional activity of the lawyer, as client's distrust to the lawyer is one of the main reasons for the failure to provide legal aid. Distrust negates the advantages of professionalism.
Attention on the fact that the attorney-client relationship system instructions to adhere to honesty and truthfulness to the customer are advisory in nature, while for a lawyer they acquire traits of an absolute imperative.
Based on the analysis of the international and domestic regulatory practices of the Attorney ethics concluded that trust as a moral and ethical category transformed to the corresponding principles institutions of advocacy. First of all it is about the principle of privacy confidentiality and the Institute of attorney-client privilege, which are based on moral component and the problems of their provision are ethic component.
In the end, concluded that the trust relationships determines the development of such principles and institutions as defining principles for advocacy, such as confidentiality and attorney-client privilege which develop in line with the general trends of social development and state-building processes and in determining which is the philosophy of man-centeredness.
Key words: lawyer, lawyer's ethics, advocacy, trust, confidentiality, attorney-client privilege.