Possibility to seek legal assistance and services
- Every person has the right to seek assistance from a lawyer of his own choosing to protect and prove his rights, and to defend him at all stages of the criminal procedure.
- Governments shall ensure the provision of effective procedures and responsive mechanisms that allow effective and equal access to lawyers for all persons within their territories and subject to their jurisdiction, without discrimination of any kind, such as discrimination on the basis of race, color, ethnic origin, sex, language, religion or political opinion. Or any other opinion, national or social origin, property, birth, or any economic or non-economic situation.
- Governments shall make sure the provision of adequate funding and different resources necessary to produce legal services to the poor and different deprived persons, as acceptable. Professional associations of lawyers shall cooperate in organizing and providing services, facilities and other resources.
- Governments and skilled associations of lawyers promote programs aimed toward informing the general public of their rights and duties below the law, and therefore the necessary role of lawyers in protective their fundamental freedoms. Attention should be paid to helping the poor and other disadvantaged people in order to enable them to assert their rights and, if necessary, to seek the help of lawyers.
Special guarantees in criminal justice matters
- Governments shall ensure that the competent authority, immediately, informs all persons of their right to be represented and assisted by a lawyer of their choice upon arrest, detention or imprisonment, or when they are charged with a criminal offense.
- Persons who do not have attorneys shall have the right to appoint lawyers with experience and competence consistent with the nature of the crime they are accused of, to provide them with effective legal assistance, in all cases where the interest of justice so requires, and without paying for this service if it is not They have enough resource for that.
- Governments additionally guarantee that each one person in remission or detained on a criminal charge or while not a criminal charge have access to a lawyer directly, and in any case among a period of no more than forty-eight hours from the time of their arrest or detention.
- All those arrested, detained, or imprisoned shall be provided with sufficient opportunities, times and facilities for a lawyer to visit them, speak with him and consult him, without delay, without interference or supervision, and with complete confidentiality. These consultations may take place under the eyes of law enforcement officials, but not under their hearing.
Qualifications and training
- Governments and skilled associations of lawyers and academic establishments make sure that lawyers area unit given applicable education and coaching, which they’re super sensitive to the moral ideals and duties of lawyers and to the human rights and basic freedoms recognized by national and jurisprudence.
- Governments and professional associations of lawyers and educational institutions ensure that no person who wants to enter the legal profession, or continue to practice it, is not subject to discrimination on the basis of race, color, sex, ethnic origin, religion, political opinion, any other opinion, national or social origin, property or Birth, economic or other status, with the exception that the requirement that the lawyers be citizens of the country concerned is not considered discrimination.
- In countries where there are groups, communities, or regions whose needs for legal services are not met, and in particular groups with distinct cultures, traditions or languages, or groups that have previously or explicitly fallen victim to discrimination, governments, professional associations of lawyers and educational institutions should take special measures Provide candidates from these groups with opportunities to enter the legal community and make sure that they receive coaching acceptable to the requirements of their teams.
Duties and responsibilities
- Lawyers shall, in all cases, preserve the honor and dignity of their profession, as they are essential agents of the administration of justice.
- Lawyers’ duties towards their clients include the following:
(A) Provide advice to clients regarding their legal rights and obligations and on the modus operandi of the legal system and its relationship to the legal rights and obligations of clients,
(B) Assist their clients in all appropriate ways, and take legal measures to protect their interests,
(C) Assist their clients before courts of various kinds and administrative authorities, as appropriate.
- In protective the rights of their purchasers and upholding the standing of justice, lawyers try to uphold human rights and basic freedoms recognized by national and jurisprudenceand their behavior in all cases is free and alert, in line with the law and recognized standards and ethics in the legal profession.
- Lawyers always respect the interests of their clients sincerely and loyalty.
Guarantees for lawyers’ performance of their duties
- Governments shall guarantee the following for lawyers:
(A) the flexibility to perform all their skilled functions while not intimidation, obstruction, harassment or improper interference (B) The ability to move to and freely consult with their clients, both inside and outside the country,
(C) Not to expose them, or the threat of exposing them, to legal prosecution or administrative, economic and other penalties as a result of their performing work in accordance with the duties, standards and ethics of the profession recognized.
- The authorities provide adequate guarantees for lawyers, as their security is endangered as a result of the performance of their duties.
- As a result of lawyers performing their duties, it is not permissible to take them on the basis of their clients ’crimes or their clients’ cases.
- No court or administrative authority recognizing the right to obtain consultation may refuse to recognize the right of any lawyer to appear before it on behalf of his client, unless this lawyer has lost his competence in accordance with laws and job practices and in accordance with these principles.
- Lawyers enjoy civil and criminal immunity for statements they make in good faith, whether in their written or oral pleadings or when they appear before the courts or other executive or administrative authorities.
- It is the duty of the competent authorities to ensure that lawyers have access to the appropriate information, files and documents that they have in their possession or at their disposal, for a period sufficient to enable them to provide effective legal assistance to their clients, and this access should be secured within the shortest
- Governments shall guarantee and respect the confidentiality of all communications and consultations that happen between lawyers and their shoppers among the framework of their skilled relationships
Freedom of association, association, and association
- Lawyers, like any other citizen, have the right to freedom of expression, forming and joining associations, and holding meetings. In explicit, they’re entitled to participate publically discussions associated with the law, the administration of justice, and therefore the promotion and protection of human rights, and to hitch, and to join or form a local, national or international organization, and attend their meetings without being subjected to professional restrictions due to their legitimate work or membership in a legitimate organization. In effort these rights, lawyers perpetually act in accordance with the law, recognized standards, and ethics within the community.
Professional associations of lawyers
- Lawyers have the right to form and join self-administered insulting associations that represent their interests and encourage their further education and training, and protect their professional integrity. The executive bodies of these associations are elected by their members. And exercise its functions without external interference.
.25. skilled associations of lawyers get together with governments to confirm that everybody has access to legal services in a good and equal manner, and to confirm that lawyers area unit ready advice, assist and represent their clients in accordance with the law and recognized professional standards and ethics, without undue interference.
- Workers in the legal profession, through their appropriate apparatus or legislation, establish codes of professional conduct for lawyers in conformity with national law and custom and recognized international standards and rules.
- Examine charges or complaints against lawyers, in their skilled capability, promptly and fairly, and in accordance with acceptable procedures. They shall have the right to have their statements heard in a fair manner, including the right to obtain the assistance of a lawyer of their own choosing.
- Disciplinary procedures against lawyers are conducted before Associate in Nursing impartial disciplinary committee shaped by those operating within the legal community, or before Associate in Nursing freelance legal authority or before a court, and it is subject to an independent judicial review.
- All disciplinary measures shall be determined in accordance with the Code of skilled Conduct and different recognized standards and ethics for the legal community, and in lightweight of those principles.