Communication pursuant to the Italian Lawyers’ Code of Conduct
The domain name per-legal.com is owned by Avv. Elton Qemali registered with the Perugia Bar Association, with professional office in Via M. Angeloni 43/A, 06124 – Perugia (PG), Italy.
This communication is made pursuant to Article 17, paragraph 3 of the Code of conduct and Article 10, paragraph 3 of the Legal Profession Law applicable to Italian lawyers according to which, when providing information concerning the professional activity, organisation and structure of the law firm, the lawyer must make reference to the nature and limits of the professional obligation.
Lawyers’ Code of Conduct
The lawyer shall protect, in all forums, the right to freedom, the inviolability and the effectiveness of the defense, ensuring in the court proceedings the proper conduct of the proceedings and the adversarial process.
The lawyer in the exercise of his or her office shall ensure that the laws are in conformity with the principles of the Constitution and the European Union Legal System and that the same principles are respected, as well as those of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the protection and in the interest of the client.
The professional rules of conduct are essential for the achievement and protection of the trust of the public and of clients, of correct behaviour, and of the quality and effectiveness of professional services.
In order to protect public trust, lawyers shall be allowed to provide information on their professional activity, on the organisation and structure of the firm, on any specialisations and scientific and professional qualifications held.
The information disseminated publicly by any means, also electronically, shall be transparent, truthful, correct, not equivocal, not misleading, not defamatory, or suggestive and not comparative.
In any case, the information offered must refer to the nature and limits of the professional obligation.
The lawyer shall ascertain the identity of the person giving the mandate and of the assisted party before giving it.
The lawyer, after the conferral of the mandate, shall not have any economic, pecuniary, commercial or any other kind of relationship with the client and the assisted party, which may in any way influence the professional relationship, except as provided for in Article 25.
The lawyer shall not advise unnecessarily burdensome actions.
The lawyer shall be free to accept the assignment, but he shall refuse to perform his assignment when, on the basis of the known elements, he deduces that they are aimed at carrying out an illegal operation.
The lawyer shall not suggest void, illicit or fraudulent behaviours, acts or negotiations.
The violation of the duties referred to in paragraphs 1 and 2 shall entail the application of the disciplinary sanction of a warning. Breach of the prohibitions set out in paragraphs 3 and 4 shall result in the disciplinary sanction of reprimand. Violation of the duties referred to in paragraphs 5 and 6 leads to the disciplinary sanction of suspension from professional activity for a period ranging from one to three years.
The lawyer in the exercise of professional activity shall preserve his or her independence and defend his or her freedom from pressure or conditioning of any kind, including those related to personal interests.
Conflict of interest also exists if the new mandate leads to the violation of the secrecy of information provided by another assisted party or client, the knowledge of the affairs of one party may unfairly favour another assisted party or client, the fulfilment of a previous mandate limits the independence of the lawyer in the performance of the new assignment.
The lawyer shall inform the assisted party and the client of the existence of circumstances preventing the performance of the requested activity.
The duty of abstention shall also apply if the parties with conflicting interests approach lawyers who are members of the same law firm or professional association or who practice in the same premises and collaborate professionally on a non-occasional basis.
The breach of the duties referred to in paragraphs 1, 3 and 5 shall entail the application of the disciplinary sanction of suspension from the exercise of professional activity for a period ranging from one to three years. Breach of the duties referred to in paragraphs 2 and 4 shall result in the disciplinary sanction of reprimand.
Agreements whereby the lawyer receives as remuneration, in whole or in part, a share of the property that is the subject matter of the service or the reason for the litigation are prohibited.
Violation of the prohibition referred to in the preceding paragraph shall entail the application of the disciplinary sanction of suspension from professional activity for a period ranging from two to six months.
Acceptance of a professional mandate presupposes competence to carry it out.
In case of assignments involving skills other than his own, the lawyer shall indicate to the client and to the assisted party the need to complement the assistance with another colleague possessing such skills.
Failure, delay or negligence in carrying out acts inherent in the mandate or appointment shall constitute a breach of professional duty if it results from inexcusable and significant neglect of the interests of the assisted party.
If the lawyer appointed ex officio is prevented from taking part in individual procedural activities, he or she shall promptly notify the prosecuting authority, giving reasons, or shall assign the defense to a colleague who, if he or she accepts, shall be responsible for carrying out the assignment.
Violation of the duties referred to in paragraphs 1 and 2 shall entail the application of the disciplinary sanction of a warning. Violation of the duties referred to in paragraphs 3 and 4 shall result in the disciplinary sanction of reprimand.
The lawyer shall clearly inform the assisted party, at the time of the assignment, of the characteristics and importance of the assignment and of the activities to be carried out, specifying the initiatives and possible solutions.
The lawyer shall inform the client and the assisted party of the foreseeable duration of the proceedings and of the foreseeable costs involved; the lawyer shall also, if requested to do so, communicate in writing to the person giving the appointment the foreseeable cost of the service.
The lawyer, at the time of conferring the appointment, shall clearly inform the assisted party of the possibility of availing of the assisted negotiation procedure and, in writing, of the possibility of availing of the mediation procedure; the lawyer shall also inform the assisted party of alternative routes to litigation, also provided for by law.
The lawyer, where the conditions are met, shall inform the assisted party of the possibility of availing of legal aid when conferring the mandate.
The lawyer shall inform the client and the assisted party of the details of his insurance policy.
The lawyer shall inform the client and the assisted party, whenever so requested, on the performance of the mandate entrusted to him/her and shall provide them with copies of all acts and documents, including those originating from third parties, concerning the subject matter of the mandate and the execution thereof both in and out of court, without prejudice to the provisions of Article 48(3) of this Code.
Without prejudice to the provisions of Article 26, the lawyer shall inform the assisted party of the need to carry out acts necessary to avoid prescription, forfeiture or other prejudicial effects in relation to current assignments.
The lawyer shall report to the assisted party, if it is in the latter’s interest, the content of what he has learnt legitimately in the exercise of his mandate.
Violation of the duties referred to in paragraphs 1 to 5 shall entail the application of the disciplinary sanction of a warning. Breach of the duties set out in paragraphs 6, 7 and 8 shall result in the disciplinary sanction of reprimand.
The obligation of secrecy shall be observed even when the mandate has been fulfilled, however concluded, waived or not accepted.
The lawyer shall ensure that the professional secrecy and the utmost confidentiality is also observed by employees, trainees, consultants and collaborators, even on an occasional basis, in relation to facts and circumstances learned in their capacity or as a result of the activity carried out.
The lawyer shall be allowed to derogate from the above duties if the disclosure of what he has learned is necessary
(a) for the performance of the activity of defense;
(b) to prevent the perpetration of a particularly serious criminal offence;
(c) to allege factual circumstances in a dispute between a lawyer and a client or an assisted party;
(d) in the context of a disciplinary procedure.
In any case, disclosure shall be limited to what is strictly necessary for the protected purpose.
Violation of the duties referred to in the preceding paragraphs shall entail the application of the disciplinary sanction of reprimand and, in cases where the violation relates to professional secrecy, the application of suspension from the exercise of professional activity ranging from one to three years.
The lawyer shall keep accounts of the expenses incurred and the advances received and shall deliver, at the client’s request, the relevant detailed note.
The lawyer shall issue the prescribed fiscal document for each payment received.
The lawyer shall not request fees or advances that are manifestly disproportionate to the activity carried out or to be carried out.
In case of non-payment by the client, the lawyer shall not ask for a higher fee than that already indicated, unless he/she has reserved it.
The lawyer shall not make the payment to the client of the sums collected on his behalf conditional on the recognition of his rights or the performance of particular services by the client.
A lawyer shall not make the performance of his professional duties conditional on recognition of his right to retain part of the sums collected on behalf of the client or the assisted party.
A lawyer appointed to defend a party admitted to legal aid shall not claim or receive from the assisted party or from third parties, for any reason whatsoever, fees or reimbursements other than those provided for by law.
Breach of the duties referred to in paragraphs 1 to 5 shall result in the disciplinary measure of reprimand. Violation of the duties referred to in paragraphs 6, 7 and 8 shall result in the disciplinary sanction of suspension from professional activity for a period ranging from six months to one year.
In the event of renunciation of the mandate the lawyer shall give the assisted party adequate notice and shall inform the latter of what is necessary to avoid prejudicing the defense.
If the assisted party is unavailable, the lawyer shall inform the latter of the withdrawal of the mandate by registered letter to the registered address or last known domicile or by e-mail; with the fulfilment of this formality, without prejudice to the legal obligations, the lawyer shall be exempt from any other activity, regardless of the actual receipt of the withdrawal.
The lawyer, after the withdrawal of the mandate, in compliance with the legal obligations, is not responsible for the lack of subsequent assistance, if another lawyer is not appointed within a reasonable time.
The lawyer shall in any case inform the assisted party of the communications and notifications that may be received.
Violation of the duties referred to in the preceding paragraphs shall entail the application of the disciplinary sanction of reprimand.
The lawyer shall not give comparative information with other professionals, nor information that is equivocal, misleading, derogatory, suggestive or that contains references to titles, functions or assignments not related to the professional activity.
The lawyer, when providing information, shall in any case indicate the professional title, the name of the firm and the Bar to which it belongs.
The lawyer may use the academic title of professor only if he is or has been a university lecturer in legal matters, specifying in any case the qualification and the subject of teaching.
A person entered in the register of trainees may use exclusively and in full the title “trainee lawyer”, with the possible indication of “qualified to practice” if he has obtained this qualification.
The indication of names of professionals and third parties not organically or directly connected with the lawyer’s office is not permitted.
The lawyer may not use in the information the name of a deceased professional who has been part of the firm, if at the time he has not expressly provided for it or provided for it in a will, or if there is not the unanimous consent of the heirs.
In the information to the public the lawyer shall not indicate the names of his clients or assisted parties, even if they consent to it.
The forms and manner of information shall in any case respect the principles of dignity and decorum of the profession.
Violation of the duties referred to in the preceding paragraphs shall entail the application of the disciplinary sanction of reprimand.