THE EXTRAORDINARY GENERAL ASSEMBLY OF THE MEXICAN BAR, SCHOOL OF LAWYERS
Given:
Since the founding of the Association, by deed of December 29, 1922, it has been an essential purpose of its members that the profession of law be exercised in the best interests of law and justice;
That in this instrument the barristas solemnly pledged their honor in the observance of certain principles of morality, among them the two fundamentals that “the concept of professional honor and dignity, as well as the sincere desire to cooperate in the proper administration of justice , they must be above any idea of profit in the exercise of the legal profession “and that” the sponsorship of a cause does not oblige the lawyer to do anything other than to ask for justice and not to obtain favorable success in all circumstances “;
That the current Statutes of the group also declare as one of its objects the “procure the dignity and dignity of the legal profession and that its exercise strictly conforms to the norms of morality and law” and impose on the members the duty of “Comply with the professional ethics standards established by the General Assembly, at the proposal of the Board of Honor”;
That said Board formulated the project that is in charge of the Statutes;
APPROVE the following:
CODE OF PROFESSIONAL ETHICS OF THE MEXICAN BAR, SCHOOL OF LAWYERS
Art. 1 – Essence of professional duty
The lawyer must keep in mind that he is a servant of the law and a coadjutor of justice; and that the essence of his professional duty is to defend diligently and with strict adherence to moral standards, the rights of his client.
Art. 2º- Defense of professional honor
The lawyer must maintain the professional honor and dignity; not only is it a right, but a duty, to fight by all lawful means the reprehensible conduct of judges, public officials and colleagues, and make it known, without fear, to the competent authorities or to the Bar Associations, moving away from an attitude passive
Art. 3º- Honesty
The lawyer must act with probity and good faith. It must not advise intentional acts, affirm or deny with falsehood, make inaccurate, mutilated or malicious statements, or perform any act that hinders the good and expeditious administration of justice.
Art. 4º- Procedural abuses
The lawyer must refrain from the use of unnecessary formalities and resources, from any purely dilatory management that unfairly hinders the rule1 development of the procedure and cause unjustified harm, even under the pretext of scrupulous observance of legal rules.
Art. 5º- Bribery
The lawyer who, in the exercise of his profession, bribes a public official or auxiliary of the administration of justice, will seriously fail to honor and professional ethics. The lawyer to whom a fact of this nature is recorded, has the duty to inform his Bar Association, so that the latter may proceed in the corresponding manner.
Art. 6 – Acceptance and rejection of matters
The lawyer is free to accept or reject the matters in which his / her sponsorship is requested, without needing to express the reasons for his / her resolution, except in the case of an ex officio appointment in which the decree must be justified. When resolving, he must dispense with his personal interest and take care that the pecuniary amount of the business, or the power or fortune of the adversary, does not influence his spirit. It will not accept a matter in which it has to support thesis contrary to its convictions, including political or religious, and when it does not agree with the client in the way to raise it or develop it, or in case it could see its independence diminished for reasons of friendship, kinship or others. In short, he should not take charge of an issue unless he has the moral freedom to direct it.
Lawyers who receive an equal, who render services under a contract of exclusive services or who exercise the profession as public officials, will be obliged in principle to accept all the matters entrusted to them, of the class included in the contract that they have held or in the position or employment they perform; but they must excuse themselves from attending a specific matter when they find themselves in the cases of prohibition of the previous paragraph. If the client, boss or hierarchical superior does not admit the excuse and the lawyer confirms, after a calm examination, which is founded, he / she must vigorously sustain the independence that constitutes a distinctive feature of the legal profession.
Art. 7º- Defense of indigents
The profession of lawyer imposes to defend free of charge the indigent, even when they request it, as when an ex officio appointment takes place; the breach of this duty, if there are not justified reasons and sufficient excuses, related to the professional activity that is cultivated, the place of provision of services or other similar circumstances, is a serious fault that distorts the very essence of the legal profession.
Art. 8º- Defense of defendants
The lawyer has the right to take charge of the defense of a defendant, whatever his personal opinion may be about his guilt; and, having accepted it, it must employ in it all legal means for the best result of its management.
Art. 9º- Criminal accusations
The lawyer who is in charge of the accusation of an offender, must consider that his primary duty is to get justice done, and not get the condemnation.
Art. 10º- Professional secrecy
To keep the professional secret constitutes a duty and a right of the lawyer. It is towards the clients a duty that lasts at all even after they have stopped providing their services; and it is a right before judges and other authorities. Called to testify as a witness, the lawyer must attend the summons and, with all independence of criterion, refuse to answer the questions that lead him to violate the professional secret or expose him to it.
Art. 11º- Scope of the obligation to keep the secret
The obligation to keep professional secrecy covers the confidences made by third parties to the lawyer by reason of his ministry and those that are consequences of talks to make a transaction that failed. The secret also covers the confidences of colleagues. The lawyer must not intervene without the consent of the client who confided a secret to him, in some matter for which he could be seen in the case of revealing or taking advantage of such secret.
Art. 12º- Extinction of the obligation to keep the secret
The lawyer who is the object of a serious and unjustified attack of his client, will be exempt from the obligation to keep professional secrecy and may reveal what is indispensable for his defense. When a client communicates to his lawyer the intention to commit a crime, such confidentiality will not be protected by professional secrecy and the lawyer must make the necessary disclosures to prevent a criminal act or protect people in danger.
Article 13 – Customer training
For the decent training of clients, the lawyer must build a reputation of professional capacity and honesty and avoid the direct or indirect solicitation of clients through advertising or excessive or suspicious management. Thus, the distribution of merely declarative cards of the name, address and specialty, or its publication in professional directories or specialized magazines, does not raise objection; On the other hand, the solicitation of matters by notices or circulars or by interviews not based on previous personal relationships, is contrary to the ethics of the profession. Any advertising caused directly or indirectly by the lawyer for profit or in praise of himself, undermines the traditional dignity of the profession.
Art. 14º- Advertising pending litigation
The lawyer must not use the press to discuss the matters entrusted to him, or publish in it pieces of cars, except to rectify when justice or morality require it. Although it is not recommended as a general practice while the process is not concluded, you can publish brochures in which the case is exposed, with adherence to the records, always keeping the respect due to the courts and officials, the opposing party and their lawyers. , and using the measured and decent language that the dignity of the profession demands. If the publication can harm a person, such as when dealing with criminal or civil status matters that affect the honor, the names will be carefully omitted.
Art. 15º- Advertising media jobs for consultations
Lack of professional dignity is the lawyer who usually gives consultations or issues opinions through newspapers, radio or any other means of publicity, about specific legal business that may arise, whether their services are free or not.
Art. 16º- Direct or indirect incitement to litigate
It is not in accordance with professional dignity, that a lawyer spontaneously offers his services or gives opinion on a certain matter, with the purpose of provoking a judgment or winning a client; except when ties of kinship or intimate friendship induce him to do so.
Art. 17º- Punctuality
It is the duty of the lawyer to be punctual in all his professional acts.
Art. 18º- Scope of the Code
The rules of this Code shall govern the entire practice of the legal profession. Consequently, they will be applicable whatever the form that the activity of the lawyer looks like; the specialty that you cultivate;the relationship between the lawyer and the client; the nature of the retribution; and the person to whom the services are rendered.
Art. 19º – Application of the Code
In the observance and application of this Code, the spirit of high moral and superior justice that inspires it will be met. Consequently, when deciding on the complaints or accusations that are presented for infraction of its precepts, all the circumstances of the case will be taken into account to determine, in conscience, if that spirit has been violated.
SECOND SECTION
Relations of the Lawyer with the Courts and other authorities
Art. 20º – Duty of the lawyer towards the courts and other authorities
The lawyer must respect the courts and other authorities, and must support them whenever they are unfairly or disrespectfully attacked, or lack compliance with the law. When there is a serious basis for a complaint against an official, the The lawyer must present his accusation before the competent authorities or before his Bar Association. Only in this case will be supported such accusations and the lawyers who formulate them supported by their Colleges.
Art. 21º- Appointment of judges
It is the duty of the lawyer to fight for all licit means because the appointment of judges is due exclusively to his aptitude for office and not to political considerations or personal links, and also because they do not engage in other activities than the judiciary that could deprive them. of impartiality in the fulfillment of its functions.
Art. 22º- Extension of the two previous articles
The rules of the two previous articles will be applied with respect to any official before whom lawyers should normally act in the exercise of the profession.
Article 23 – Limitations on former officials
When a lawyer ceases to perform the judiciary or any other public position, he must not accept the sponsorship of the matter of which he knew in his official capacity; Neither will he sponsor the one that is similar to another in which he expressed an adverse opinion during the performance of his position.
It is recommended that for some time the lawyer does not exercise before the court to which he belonged, or before the official unit of which he was a part.
Article 24 – Help for those who are not authorized to practice law
No lawyer should allow their professional services or their name to be used to facilitate or make possible the exercise of the profession by those who are not legally authorized to practice it.
Except in the case of professional association or collaboration, the attorney’s decorum is reduced to signing writings in whose wording he did not intervene, and the respectability of his signature prevents him from lending it, especially to a person not authorized to practice the profession.
Art. 25º- Personal influences on the judge
It is the duty of the lawyer not to try to exercise influence over the judge, appealing to political or friendship ties, using recommendations or resorting to any other means than convincing with reasoning. It is a serious fault to interview the judge privately about a dispute pending resolution, to make arguments and considerations different from what is in the record.
THIRD SECTION
Attorney’s relationship with his client
Art. 26º- Personal attention of the lawyer to his client
The lawyer’s relationship with his client must be personal and his responsibility, direct, so that his professional services will not depend on an agent intervening between client and lawyer.
Art. 27º- Limit of the lawyer’s help to his client
It is the duty of the lawyer towards his client to serve him effectively and to endeavor to assert his rights, without fear of the animosity of the authorities or of unpopularity; and must not subject his liberty or conscience to his client, nor exonerate himself from an illicit act by attributing it to instructions thereof.
Art. 28º- Assertions about the success of the business
The lawyer should never assure his client that his case will be successful, since many unpredictable circumstances influence the decision of a case, but only to give his opinion on the right that assists him. It must always favor a just transaction.
Art. 29º- Responsibility of the lawyer
The lawyer must spontaneously acknowledge the responsibility that results from his negligence, inexcusable error or fraud, paving to compensate for the damages caused to the client.
Art. 30º- Conflict of interests
As soon as a client requests for a certain matter the services of a lawyer, if he has an interest in him or some relations with the parties, or is subject to adverse influences to the interests of said client, he shall disclose it to the latter, so that If you insist on your request for services, do so with full knowledge of those circumstances.
It is seriously wrong to sponsor or serve professionally in any way those who have conflicting interests, except when the parties expressly authorize it, after fully and fully knowing the circumstances of the case. This rule will be applicable both when the lawyer provides services simultaneously to the contestants, and when it intervenes in favor of one after having done it in favor of the other, even if this takes place after having separated from the business for just cause or having been relieved. or unfairly by the client.
Art. 31º- Resignation to sponsorship
Once the sponsorship of an issue has been accepted, the lawyer can not renounce it except for justified supervening cause, especially if it affects their professional honor or dignity, or because the sponsorship goes against their conscience. In spite of the above, when resigning you should not leave your client defenseless.
Art. 32º – Wrong behavior of a client
The lawyer must ensure that his client respects both the judges and other officials, as well as the counterpart, his lawyers and third parties involved in the matter, and not to perform improper acts. If the client persists in his reprehensible attitude, the lawyer must renounce sponsorship.
Art. 33º- Discovery of imposture or mistake during the trial
When the lawyer discovers in the trial a mistake that unfairly benefits his client or an imposture, he must communicate it to him so that he rectifies and renounces the benefit that of them could obtain. In case the client is not satisfied, the lawyer must renounce the sponsorship.
Art. 34º- Fees
When estimating his fees, the lawyer must remember that his profession requires him, above all, to collaborate in the application of the right and to favor the triumph of justice, and that the payment for his services should not constitute the main purpose of the exercise of that ; such retribution does not have to sin by excess or defect, both contrary to professional dignity.
Art. 35º- Bases for the estimation of fees
For the estimation of the amount of the fees, the lawyer must attend to the following:
- The importance of services;
- The amount of the matter;
III. The success obtained and its transcendence;
- The novelty or difficulty of the legal issues debated;
- The experience, reputation and specialty of the lawyer;
IV. The economic capacity of the client; their poverty obliges them to charge less and still not charge anything;
VII. The custom of the forum of the place;
VIII. If the professional services are isolated, fixed or constant;
- The responsibility that is derived for the lawyer of the attention of the matter;
- The time spent on sponsorship;
- The degree of participation of the lawyer in the study, approach and development of the matter;
XII. If the lawyer only sponsored the client, or if he also served as the agent;
XIII. The possibility of being the lawyer prevented from intervening in other matters or from dissatisfaction with other clients or with third parties.
Art. 36º- Pact of cuotalitis (charging of fees?)
Only the pact of cuotalitis celebrated on an equitable basis is admissible, taking into account the possibility of not receiving the fees subject to the following rules:
- The participation of the lawyer must never be greater than that of the client.
- The lawyer will reserve the right to separate from the sponsorship or mandate, and in the same way the faculty will be established for the client to withdraw the matter to the lawyer and entrust it to another;in these cases, if the business is won, the lawyer will be entitled to charge an amount proportional to his services and to the agreed participation; If the business is lost, the attorney may charge the common fees that are deemed accrued when the client has withdrawn the matter without just cause.
III. If the matter is lost, the lawyer will not charge, except when a reasonable sum has been stipulated in his favor to cover the expenses.
Art. 37º- Controversy with clients about fees
The lawyer should avoid any controversy with the client about their fees, as far as this is compatible with their professional dignity and with their right to an adequate remuneration for their services. If the controversy arises, it will try to submit it to the arbitration of its Bar Association. If he is forced to sue the client, it is preferable that he be represented by a colleague.
Art. 38º- Trial expenses
It is not right for the lawyer to agree with the client to pay for the expenses of the trial; however, you can anticipate them subject to reimbursement.
Art. 39 – Acquisition of interests in the litigation
Apart from the case of cuotalitis, the lawyer must not acquire a pecuniary interest of any kind related to the matter that he sponsors or has sponsored. Neither should it directly or indirectly acquire property related to the litigation in the judicial auctions that occur.
Art. 40º- Property management
The lawyer will give immediate notice to his client of the goods and money he receives for him; and it will be delivered to you as soon as it is requested. The lawyer who has funds from his client is seriously lacking professional ethics.
SECTION FOURTH
Lawyer Relations with colleagues and counterpart
Art. 41º- Fraternity and respect between lawyers
Among the lawyers there must be fraternity that exalts the profession, and reciprocal respect, without being influenced by the animosity of the parties.
They will carefully refrain from malicious or insulting expressions and refer to personal, ideological, political or other backgrounds of their colleagues.
Art. 42º- Chivalry of the lawyer and right to act with freedom
The lawyer must be gentlemanly with his colleagues and facilitate the solution of momentary problems when for reasons that are not attributable to them, such as absence, grief or illness, or force majeure, they are unable to provide their services. He must not deviate from the dictates of decency and honor, due to the pressure of his client.
Art. 43º- Relations with the counterpart
The lawyer does not have to enter into relations with the counterpart either directly or indirectly, but through his lawyer. Only with intervention of this one must manage agreements or transactions.
Art. 44º- Witnesses
The lawyer can freely interview the witnesses of the business in which he intervenes, but he should not induce them by any means to depart from the truth.
Art. 45º- Agreements by lawyers
The agreements signed by lawyers in relation to the professional matters that they sponsor, must be strictly complied with, even if they have not been adjusted to the legal forms; those that are important to the client should be written, but professional honor requires that, even if they have not been, they are fulfilled as if they fulfilled all the requirements of the law.
Art. 46º- Professional collaboration and conflict of opinion
The lawyer should not interpret as lack of confidence of the client, who proposes the intervention of another lawyer in the matter entrusted to him; In spite of this, you may reject the proposed collaboration when you have reason to do so, without needing to express it. If the first lawyer objects to the collaboration, the second will refrain from intervening; if the first one detaches itself from the matter, the second one can accept it.
When the lawyers who collaborate in a matter can not agree on a point fundamental to the interests of the client, they will inform you frankly of the conflict of opinions, so that it may resolve. Your decision will be accepted, unless the nature of the discrepancy prevents cooperation in due form to the lawyer whose opinion was rejected. In this case, you must ask the customer to relieve it.
Art. 47º- Invasion of the sphere of action of another lawyer
The lawyer will not intervene in favor of a person sponsored in the same matter by a colleague, without giving prior notice to the latter, except in the case of express resignation of the same. When he knew the intervention of the colleague after having accepted the sponsorship, he will let you know of course. In any case, you have the obligation to make sure that the colleague’s fees have been or will be paid.
Art. 48º- Partition of fees
Only the division of fees is allowed, based on collaboration for the provision of services and the corresponding responsibility.
Art. 49º- Associations of lawyers
The lawyer may associate to practice the profession with other lawyers. In no case should you do so for the ostensible or implicit purpose of taking undue advantage of your influence to get issues.
The name of the Association must be that of one or more of its components, to the exclusion of any other designation. In case a member dies or retires, his name may be maintained if this circumstance is clearly established. When one of the associates accepts an official post incompatible with the exercise of the profession, he must withdraw from the association to which he belongs and his name will no longer be use
Art. 50º.- Associations of lawyers with other professions.
The lawyer may associate with other professionals who provide services other than the legal profession. To do this, the lawyer must ensure at all times that non-lawyer professionals with whom he associates respect the rules of this Code and subject to those applicable to their profession, which will be respected by the lawyer. In no case shall the association begin or continue if there is incompatibility between the practice of the legal profession and the other services provided by non-lawyers professionals, for violation, directly or indirectly, by them or the lawyer, to any of the rules of this Code.
In the exercise of the profession, the lawyer must make clear that he is associated with other professionals.
Art. 51º. Violations of this Code.
Violations of the rules of this Code must be resolved and, where appropriate, sanctioned by the Board of Honor.