CODE OF ETHICS FOR LAWYERS LICENSED

WITH THE BAR ASSOCIATION OF THE KINGDOM OF CAMBODIA

 

The Bar Association of the Kingdom of Cambodia

 

CHAPTER I:

PROFESSIONAL DOMICILE - SITES OF CONSULTATIONS

 

Article 1: Professional Domicile - Secondary Offices

The lawyer of the Bar Association of the Kingdom of Cambodia establishes his or her principal professional domicile in Cambodia.

The lawyer may establish other secondary offices in conformity with Article 2 of the law: the Article concerns establishments distinct from the principal professional domicile where the lawyer may receive clients.

Professional installations must assure the respect for the principles of dignity and independence and guaranty professional confidentiality.

The Bar Council may, at any time, verify conformity with professional regulations.

Article 2: Secondary Offices of Cambodian Lawyers

The Cambodian lawyer wishing to open a secondary office in the Kingdom of Cambodia must first obtain the authorization of the Bar Council by furnishing all details regarding the site and the anticipated modalities of practice at the secondary office.

The Cambodian lawyer wishing to open a secondary office abroad shall inform the Bar Council and request authorization to open from the host Bar.

The lawyer shall inform the Council of the Bar of the closing of a secondary office.

Article 3:Secondary Offices of Lawyers Licensed Abroad

The opening of a secondary office in Cambodia by lawyers in fulfilling the conditions of Article 6 of the law must be submitted for the authorization of the Bar Council.

The lawyer provides to the Association, in the name of that secondary office, a fee set annually by the Bar Council.

The lawyer is responsible for informing the Council of the Bar Association of the Kingdom of Cambodia of all acts of negligence or disciplinary sanctions to which he or she may be subject by his or her Bar of origin.

The list of secondary offices shall be annexed at the roster of the Association.

Article 4: Site of Reception of Clients

The lawyer shall receive his or her clients at his or her principal professional domicile or at his or her secondary office(s).

 The lawyer may go to the client domicile or to any other private location.

The lawyer may not consult with the client in a public place.

Article 5: Consultation Services Outside the Office

All consultation services provided outside the office or secondary office of the lawyer must have prior authorization from the Bar Council.

CHAPTER II:

GENERAL AND MISCELLANEOUS REGULATIONS

Article 6:fundamental principles

In all circumstances, the lawyer must respect the obligations of his or her oath and the principles of conscience, humanity, and tact.

Any participation in an act contrary to the law and regulations, professional rules of conduct, and the imperatives of conscience are prohibited.

Article 7: professional confidentiality

The lawyer is absolutely bound by professional confidentiality. Confidentiality may not be waived by anyone, not even the client.

The lawyer determines, according to his or her conscience, the elements necessary to the needs of the defense.

There is no obligation of confidentiality when the lawyer have to respond to a [legal] action by his or her client, within the strict limits necessary for his or her defense.

Article 8: difficulties in the drafting of legal documents by a lawyer

The lawyer as sole drafter [of a legal document] may act on or defend its execution, except against one of the patties to the document where the lawyer's personal responsibility is at issue.

The lawyer who has agreed to draft a legal document as counsel to one of the parties may act on or defend its execution against other parties.

The lawyer as drafter or co-drafter of a legal document alone or with others may not act on or defend the authenticity or interpretation of the document when his or her intervention leads him or her to hold himself or herself out as a witness or to compromise professional confidentiality. The lawyer is also prohibited if his or her professional responsibility is at Issue.

Article 9: documents drafted by multiple lawyers

It is required of each lawyer to bring together the proper elements for his or her clients. [Each lawyer] must verify the accuracy and authenticity of the identity of persons and all references and exhibits which he or she includes and the signatures which he or she attaches.

Unless otherwise agreed, the lawyer who materially assures the creation of a legal document shall undertake the diligence and formalities necessary for its authenticity and effectiveness. He or she then directs a copy to his or her fellow lawyers to deliver to their clients.

Each lawyer is responsible to his or her fellow lawyers for the diligence and formalities for which he or she is charged for the common interest, provided that he or she has received the necessary finds.

Article 10: professional card

The lawyer proves his or her qualifications through a card delivered to him or her by the Association- 'be card must be deposited at the Association in case of resignation, omission, temporary interdiction, or provisional suspension.

Article 11: wearing of the robe

The lawyer must present him or herself in robe before judges and all kinds of legal jurisdictions, subject to contrary usage. He or she must also wear the robe at ceremonies and events of the Association.

CHAPTER III: PUBLICITY AND COMMUNICATION

 

Article 12: professional communication

The Association assures the functional publicity and communications of the Bar.

Article 13: prohibited canvassing and solicitations

All acts of canvassing or solicitation are prohibited to the lawyer.

Article 14:Letterhead - professional cards

The letterhead must include the following guidelines:

Family name and given name of the lawyer, or the official name of the law firm.

The notation: "Lawyer" or "Lawyer at the Bar Association of the Kingdom of Cambodia."

The professional domicile, if relevant the address of secondary offices that are regularly open, and any information necessary to remove confusion with the personal domicile.

The postal address, telephone number, and other means of communication.

Academic tides, graduate degrees, and personal honors, provided they have been proven to the Association.

The list of lawyers who are partners in a firm, associates, or collaborating lawyers.

The use of a logo is permitted.

Lawyers who practice jointly without being formally associated are authorized to use a common letterhead, so long as they do not create any confusion with a professional framework.

Article 15: media activities by lawyers

All public or media activities by the lawyer in his or her capacity [as a lawyer] are prohibited unless in strict conformity with professional obligations. Such activities require the greatest prudence.

The President must be informed and, unless impossible, consulted prior to the activities.

CHAPTER IV:

CLIENT RELATIONS

 

Article 16: acceptance - refusal - abandonment of assignment - independence

Unless designated by the President, the lawyer is free to accept or refuse business.

If the lawyer accepts, he or she must see the assignment through to its completion unless discharged by the client.

However, the lawyer may, for reasons relating to personal conviction, decide to terminate the assignment provided that he or she has informed the client in time to permit the client to provide for his or her interests.

To accomplish his or her assignment, the lawyer remains, while respecting the will of the client, in charge of his or her counsel, argumentation, and means of defense.

The lawyer must refuse to carry out all processes or actions contrary to rules of the profession and the imperatives of conscience.

The lawyer assures that the process remains within the framework of guaranteed assurances

Article 17: written assignment

In all matters, the lawyer must obtain from his or her client an assignment in writing.

Article 18: direct client relations

Client relations must be direct and personal. The lawyer may not accept a case from a third patty if he or she is not personally at liberty to enter into relations with the client whose interests are at issue.

Derogation from this rule is permitted when the lawyer intervenes as correspondent for another lawyer.

Article 19: multiple clients

If the lawyer is retained by multiple clients for the same case or process, the lawyer is prohibited from favoring the interests of any one of them. The lawyer informs the parties of the situation.

The lawyer may not advise, assist, represent, or defend multiple parties if a conflict of interest arises between them.

If such a conflict arises while the lawyer is or was counsel to multiple parties, the lawyer may not represent the interests of one of the parties until after he or she has advised the others while remaining under the strict obligation to compromise neither tact nor professional confidences.

Article 20: former clients

In legal matters, the lawyer who has counseled, assisted, or represented a party may not, in the same matter or a connected matter, intervene on behalf of an adverse patty.

In all cases, the lawyer may not intervene against a party for whom he or she was previously counsel, except under the strict measures imposed by obligations of professional confidentiality, independence, and tact.

These provisions apply to all lawyers practicing within the same professional framework as well as their collaborators and employees.

Lawyers who are parties to an agreement to pool resources may, with the agreement of their respective clients, and subject to the obligations of professional confidentiality, counsel, assist, or represent panics having conflicting interests.

Article 21: detained clients

The lawyer must scrupulously guard against providing his or her client with any means to escape the normal path of justice or to falsify the conduct of the preliminary investigation.

The lawyer is prohibited from passing to his or her client, or from delivering to the outside of the prison, objects, exhibits, letters, or verbal communications unless authorized by the investigating judge (in the case of provisional detention) or the penitentiary authority (if the client is serving a specific sentence).

Article 22: remuneration - fees

A prior agreement may be concluded determining either a fee schedule or the method of establishing remuneration.

In case of disagreement, the President may be designated as arbiter by the parties. In this case, the President shall establish the rules of arbitration specifying the necessary dates of the proceedings. The President shall issue his or her award within six months following his or her appointment.

Article 23: end of assignment

The lawyer returns to the client, upon request, a statement of outlays, expenses, and fees.

If the assignment consisted of the drafting of a legal document, the lawyer remits to each original signatory party respectively the entire assignment, returning as well all documents verifying the completion of the legal and regulatory formalities.

The lawyer returns, without delay, the materials for which he or she was responsible, with no ability to exercise the right to retention. The lawyer thereby discharges himself or herself.

Article 24: relations with judges

The lawyer who appears for the first time before a judge presents himself or herself to the judge.

The lawyer preserves for the judges, in independence and dignity, the respect due to their position.

The lawyer observes the procedural rules and practices of the jurisdiction. He or she is strictly prohibited from engaging in disloyal and disruptive conduct, especially with regard to objections. The lawyer has the right to express all that which he or she deems useful to the interests of his or her client.

In case of conflict with a judge, the lawyer may seek the intervention of the President.

Problems arising among lawyers, outside the context of procedural regulations, give rise to the mediation of the President.

CHAPTER VI:

RELATIONS WITH OTHER LAWYERS AND MEMBERS OF RELATED PROFESSIONS

 

Article 25: general and miscellaneous regulations

All interactions among lawyers shall occur in a spirit of brotherhood, propriety, and courtesy.

Subject to the interests of his or her client, the lawyer must abstain from all acts which may be prejudicial to other lawyers.

In particular, the lawyer shall notify the opposing lawyer in advance of all requests for dismissal, as well as the initiation of a new proceeding, subject to contrary requirements imposed by the interests of the client. The lawyer advises the opposing lawyer of the measures which he or she has determined.

The lawyer must avoid late notifications and communications and return without delay exhibits delivered in the original. In all cases, he or she may not return them to the client.

Meetings and encounters are arranged by mutual agreement according to the convenience of each party. In principle, they take place at the office of the older lawyer.

The ranking among fellow lawyers is one of equality except for the President who has priority.

All conflicts between fellow lawyers are submitted to the President.

Article 26: legal action

The President shall receive prior notice of all legal actions undertaken by a lawyer against another lawyer, a judge, or another member of the legal profession or legal field.

Article 27: correspondence among lawyers

All written and verbal exchanges between lawyers are, by their nature, confidential. Correspondence between lawyers may not, in any case, be confiscated or presented to the court, or be used to violate confidentiality.

The following &e not confidential:

A letter serving as a procedural document,

A letter marked "official" which delivers an offer or non confidential documents,

An exchange of letters marked "official" constituting an agreement, or the signature of an agreement between lawyers within the bounds of their assignments.

These letters and documents may make no reference to exchanges or prior matters considered confidential.

In case of violation of the regulations defined above, the President guarantees the essential principles of the profession and assures respect for the code of ethics.

In his or her relations with foreign lawyers, the lawyer must, before exchanging confidential information, assure himself or herself of the existence, in the country in which the foreign lawyer practices, of rules that permit the assurance of the confidentiality of correspondence and, in the negative, ask his or her client whether the client accepts the risk of exchanging non confidential information.

Article 28: substitution of a lawyer

The lawyer who receives the offer of a client or a case must verify that no other lawyer has been previously engaged.

The lawyer who agrees to replace a fellow lawyer or to intervene alongside the fellow lawyer must, in all diligence, alert the fellow lawyer in writing and inquire as to the expenses and fees due to him or her. The lawyer shall strive to obtain them for him or her.

The abdicating lawyer must respond, without delay, and send the particulars of the case which he or she does not have the right to retain.

The succeeding lawyer may take effective control of the case only after payment of the other lawyer, subject to the agreement of the latter or authorization from the President. In the event of a dispute over reclaimed fees, the President is informed and may request consignment.

The succeeding lawyer announces his or her intervention to the counsel of the other parties and, if necessary, the competent judicial authority.

When the lawyer so notified intends to reserve his or her response, the lawyer informs the lawyer requesting the delivery of the file. The notified lawyer is responsible for announcing his or her position within one month. In default, he or she is considered to have renounced the case.

Until notification of acceptance, the lawyer previously chosen, designated or committed is not released. The notified lawyer is prohibited from all involvement beyond the examination of the file and the reception or visit of the client. 'Be performance of one or more other professional acts constitutes acceptance.

Any divergence from these rules may justify, upon the decision of the President, the personal responsibility of the succeeding lawyer for the payment of the other lawyer.

Article 29: correspondent lawyer - ministerial authorities

The lawyer intervening as a correspondent for a fellow lawyer is personally responsible and responsible to the client for the accomplishment of his or her assignment, if he or she has received all the necessary elements.

Except in case of necessity, the lawyer may not contact the client directly except with the approval of the lawyer responsible for the case.

The lawyer presents his or her requests for provisions and remuneration through the intermediation of his or her fellow lawyer and submits the requests for approval.

The lawyer who confers an assignment on a fellow lawyer is personally responsible for the payment of expenses, salary, and fees, provided that they have been requested within an appropriate time.

Article 30: unrepresented adverse party

Prior to any action, the lawyer may, wit the assent of his or her client, contact the adverse party to pursue an amicable solution.

On such occasions, he or she must avoid all presentations that are excessive, disloyal, or contrary to tact and dignity. The lawyer must invite the adverse party to go through a lawyer selected by the party.

In no case may the lawyer meet with the adverse party outside the presence of the party's lawyer. If the party intends not to be represented, the lawyer may receive the party with his or her own client or alone with the assent of the latter.

Prior to any discussion, the lawyer reminds the adverse party of the possibility of being represented.

Article 31: represented adverse party

The lawyer may not establish relations with another person whom he or she knows to be represented by a fellow lawyer except in the presence of the latter or with his or her agreement.

Unless otherwise agreed beforehand, no meetings may occur except in the presence of the interested patties and their counsel.

Article 32: meetings - assemblies

The lawyer who anticipates holding a meeting, either contentious or not, must inform the other participants in advance, either directly or through his or her client.

Article 33: third parties and witnesses

Within the framework of a legal proceeding, and in the case and conditions established by the rules of procedure, the lawyer may establish relations with a third party to invite him or her to voluntarily produce documents under his or her possession.

In the absence of a favorable response, the lawyer directs the problem to the judge.

The lawyer must abstain from meeting a potential witness and from influencing in any way his or her testimony.

CHAPTER VII:

RELATIONS BETWEEN THE LAWYER AND THE ASSOCIATION

 

Article 34: general provisions

The lawyer of the Bar of the Kingdom of Cambodia is a member of the Association.

The Association places its services at the lawyer's disposition and furnishes him or her its support and assures his or her protection.

The Association represents lawyers, manages the collective duties of the Bar, in particular defense counsel and access to justice.

Through his or her conduct, every lawyer is responsible for the image of the Bar, the authority of the President and the efficiency of the Bar Council.

Article 35: assignment conferred by the association

The lawyer must fulfill with diligence and punctuality the assignments and joint services conferred on him or her by the Association.

Article 36: requirement to respond to the president

The lawyer is required to respond without delay to the inquiries or injunctions of the President or his or her delegates.

Article 37: actions taken against the lawyer

The lawyer who is the object of a legal action for liability or penal sanctions relating to his or her professional practice or susceptible to compromising that practice must immediately inform the President.

Article 38: dues

Thee dues to the Association are due before the end of the first trimester of the civil year. The dues must be paid within the fixed time period.