According to article 6 of professional code of attorney ethics, the attorney’s credibility is not possible without keeping an attorney-client confidentiality. Attorney-client confidentiality provides client’s privilege accorded by Constitution of the Russian Federation.
Keeping attorney-client confidentiality is an absolute priority of legal profession. Keeping attorney-client confidentiality has no time limits.
Attorney cannot be relieved of his duty to keep attorney-client confidentiality by no one except the client.
Attorney can use information given by the client and use it without his consent to the extent that he thinks is enough for justification of his position during civil dispute between him and the client or for his own defense in disciplinary proceedings or criminal proceedings.
The attorney cannot assign to the client a right of monetary claim on concluded agreement.
While providing legal services, the attorneys have to walk by a rule of attorney-client confidentiality that extends to all the partners on a base of partner agreement.
In order to keep attorney-client confidentiality, the attorney has to manage paperwork apart from materials and documents owned by the client. Materials included in attorney’s proceedings on the case and also correspondence between the attorney and the client have to be clear and be signified as the attorney’s belonging or that is coming from him.
The rules of keeping the attorney-client confidentiality applies to assistants and trainees and also to other employers of law firm.
The attorney is not competence to witness on the circumstances that he got to know during performing his professional duties.
The rules of keeping attorney-client confidentiality apply to:
- The fact of application to the attorney including names of the clients.
- Evidence and documents collected by the attorney during the preparation to proceeding; information that the client gave to the attorney;
- Information about the client that the attorney got to know during the process of legal assistance.
- Content of legal advices given to the client or dedicated to him.
- All the proceedings on the case
- Terms of agreement of legal support including monetary transactions the attorney and the client;
- Any information related to legal assistance.