Entering into a contract between a lawyer and a client is not just a technical legal formalization of services, but a balance between professional ethics, legislative norms, and the interests of both parties. This was discussed by the head of the NAAL Committee on Administrative Law and Procedure Yuriy Bauman in the latest installment of the ‘Expert Opinion’ section.
The lawyer drew special attention to potential conflicts between the provisions of the contract and the Rules of Legal Ethics. For example, a situation where a lawyer retains a client’s documents due to non-payment of fees. Although from a civil law perspective this is permissible as ‘retention of property,’ ethical norms require all case materials to be handed over to the client unconditionally.
‘Such a situation creates a conflict because the rules require one behavior, and the contract requires another. We need to develop explanations and recommendations to smooth out these issues,’ emphasized Yuriy Bauman.
Among the practical advice that the expert recommends considering when drafting a contract:
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clearly define the criteria for the emergence of conflicts of interest;
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provide for conditions for early termination of cooperation (in cases of false information or indebtedness);
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specify communication and reporting formats, including electronically;
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agree on the limits of case publicity considering attorney-client privilege.
‘There is no standard contract. Each case is unique and requires an individual approach,’ noted the lawyer.
In conclusion, Yuriy Bauman emphasized that the Rules of Legal Ethics are not just behavioral norms but also a guide for building professional and trusting relationships with clients. They need to adapt to modern challenges and realities while maintaining trust in the legal profession as an institution.