D&P Procedure for Avoidance of Conflict of Interest
D&P Procedure for Avoidance of Conflict of Interest
Doklestic Repic & Gajin z.a.k., with registered seat at address Bulevar oslobodjenja no. 203, 11000 Belgrade, Republic of Serbia (hereinafter: “D&P”) as well as any and all attorneys, lawyers and other advisers engaged by D&P (hereinafter: the “D&P Persons”) are obliged at all time during their engagement for provision of services to avoid any potential conflict of interest with a special level of attention.
When accepting representation D&P will indicate to a client: (i) that pre-condition for a successful representation of a client is honesty and necessity for the client to provide to D&P all the facts and evidences, (ii) that confidentiality of the presented information is protected by obligation of keeping of the attorney’s secret and under what conditions the secret can be revealed, (iii) D&P’s evaluation of the factual and legal nature of the case, (iv) on the type and basic characteristics of the procedure that will be implemented, (v) the manner of calculation and payment, and an approximate or, when possible, the exact amount of compensation, (vi) the obligation to keep a record of the money, securities or other property values that his client entrusts, when it is prescribed by the law to provide at the request of the competent public authority.
Legal and ethical obligations of the D&P Persons are based on the Constitution of Republic of Serbia, laws and other applicable regulations, international treaties, international legal acts related to lawyers, statute of the lawyers’ Bar Association and the Code of Professional Ethics for Advocates.
Conflict of Interest Avoidance
D&P will, without delay, as soon as it finds out about the existence of the facts indicating the existence of conflict of interest, notify the client (hereinafter: the “Client”), or the person with whom DBP is negotiating the engagement for provision of legal services (hereinafter: the “Potential Client”).
When sending notifications on existence of facts that point to the existence of conflict of interest (hereinafter: the “Notification”) D&P will suggest to the Client and/or the Potential Client manner for avoiding of conflict of interest and possible negative consequences in this regard.
Having in mind that D&P is fully committed to protecting the interests of its Clients and/or the Potential Clients, as well as that D&P seeks to undertake all actions for the benefit of its Clients and/or Potential Clients, D&P expects from its Clients or Potential Clients to provide all information to D&P in order to avoid the risk of occurrence of conflicts of interest.
D&P cannot and will not be responsible for any and all damage that could be caused to the Client and/or the Potential Client due to failure of the Client and/or the Potential Client to notify the D&P of any fact that may have impact on determination of existence of circumstances of conflict of interest.
Differences in gender, race, ethnicity, language, religion, political and other belief, origin, social position, economic power or party affiliation must not affect on a decision on the representation.
In relation to the court, other state authorities and their representatives, D&P must not: (i) affect the course of the proceedings and decision making process with unprofessional means and pressures, and in particular by referring to authorities and persons who have no right to interfere in the process, debate and decision making, (ii) its relationships (e.g. personal, family or friendly) with judges and other representatives of the authorities express before the client, the opposite party or its counsel, or that before these entities creates the impression of the existence of such relationships, (iii) justify an adverse outcome of the process by attributing it to corruption and other forms of abuse of judges and other representatives of the authorities, or to support such client's confidence, unless DBP or the client have evidence which could constitute grounds for filing criminal or disciplinary charges, (iv) abuse the role of counsel in order to secretly provide to a client, or through a client who is in custody or serving sentences, to other detainees or prisoners letters, messages or objects, whose delivery is prohibited, subject of control, or for improper purposes, (v) in front of the client, the opposing party or its counsel, before the hearing enter into the courtroom or other official chamber for debate before D&P has been called, or after the hearings in a courtroom or a room retains and upon leaving all these persons, unless its entry or stay prior justifies to those persons by existence of exceptional, justified and true reason.
D&P will, in accordance with the Statute of the Bar Association and its Code, keep as a professional secret and take care that the D&P Persons do the same, all that the Client or his authorized representative has entrusted, or which in the case in which D&P provides legal assistance was found out or acquired in other manner, in preparing or during and after the termination of representation.
When providing legal services D&P as well as the D&P Persons will in particular take care to avoid those actions that would represent a breach of legal duties or attorney practice, such as for example: (i) obvious attorney malpractice, (ii) provision of legal assistance in cases where the lawyer is obliged to refuse the provision of legal assistance, (iii) engaging in works that are incompatible with the reputation and independence of the attorney profession, (iv) representation at courts, state authorities and other organizations, contrary to law, the Statute of the Bar Association and the Code of Professional Ethics of Advocates, (v) negligent representation, etc.
This Policy on Avoidance of Conflict of Interest and Professional and Honest Relationship with Clients is binding for all employees, attorneys, lawyers, associates, agents and consultants, of D&P, who are obliged to respect and adhere to it.
Violation of this Policy is a legitimate reason for D&P to cease co-operation with the person responsible for violation of its provisions. Also, D&P will, in accordance with its legal obligations, report such behavior to competent authorities.
This Policy on Avoidance of Conflict of Interest and Professional and Honest Relationship with Clients enters into force and becomes applicable as of 01 May 2016.