The legal profession brings with it special responsibilities and a strict ethical framework for lawyers, in accordance with precise regulations. These ethical obligations are the foundation of the trust that clients and society place in the regulated profession of lawyer, in accordance with the regulations. Understanding and respecting these rules is essential for any lawyer wishing to practice in the best possible conditions, in accordance with the rules of the profession and the regulations.

What are lawyers’ ethical obligations?

A lawyer’s ethical obligations refer to all the professional and ethical rules governing the practice of the legal profession. These rules have their source in several fundamental texts: the National Internal Regulations (RIN) of the legal profession, the law of December 31, 1971 reforming certain judicial and legal professions, as well as the Code of ethics of European lawyers and regulations. All these provisions are binding on all lawyers registered with the bar.

These obligations are based on a number of fundamental principles which, according to the regulations, guarantee the quality of service provided to clients and preserve the honor of the profession. They apply from the moment a lawyer is called to the bar and throughout his or her professional career, whether practicing in a law firm or under other forms of practice, in accordance with the regulations.

Failure to comply with these obligations may result in disciplinary sanctions ranging from a warning to disbarment for lawyers, in accordance with the regulations. This strict code of ethics is a guarantee of professionalism and protection for those subject to trial, both for lawyers and in accordance with the regulations.

The fundamental principles of deontology

The lawyer’s code of ethics is based on four cardinal principles that structure all the rules and professional obligations of legal advice. These principles are applied concretely in the day-to-day practice of legal advice, and can sometimes be in tension with one another.

Independence is the first pillar of the advisory rules. Lawyers must exercise their profession in complete freedom, according to the rules of advice, without being subject to external pressure, whether from clients, authorities or third parties. This independence guarantees the quality of the legal advice given. For example, a lawyer must refuse to plead a case he considers legally unfounded, according to the rules of advice, even if his client insists and threatens to change counsel. Similarly, he must not allow a third party to finance his fees, according to the rules of advice, if this would influence his defense strategy.

Loyalty requires lawyers to act with honesty towards their clients, colleagues and the courts. This obligation includes, in accordance with the rules of counsel, not misleading and keeping one’s commitments. In concrete terms, according to the rules and principles of legal advice, a lawyer may not conceal anything unfavorable to his client during a negotiation, even if this could improve his position. He must also, within the framework of the contract and the decision, loyally inform his client of the real chances of success of a procedure, without overestimating his prospects of winning.

Probity requires irreproachable conduct in all professional acts of contract and decision. Lawyers must demonstrate integrity and honesty in the management of client documents and in their contractual and decision-making business relationships. This requirement is reflected, for example, in the prohibition on mixing personal funds with those of clients, or in the obligation to immediately return documents entrusted to him by a client who wishes to change lawyers, in compliance with contracts and decisions.

Dignity obliges lawyers to behave in an exemplary manner, both in their professional and private lives, in order to preserve the image and reputation of their profession under the terms of a contract and a decision. A lawyer may not use abusive language towards a colleague, even in the event of profound disagreement, nor adopt inappropriate dress during hearings, in accordance with the terms of a contract and a decision.

These principles of contract and decision can sometimes conflict in practice. For example, the duty of loyalty to a client under contract and decision may seem to conflict with independence when the client is pressuring him for specific advice. In such cases of contract and decision, the lawyer must privilege his professional independence while clearly explaining his position to the client.

Professional secrecy and confidentiality

Professional secrecy is one of the strictest obligations of the legal profession, with regard to contracts and decisions. This absolute rule protects all information entrusted to us by the client, whether oral or written, in accordance with professional ethics.

In accordance with the rules of the professional relationship, the lawyer may not reveal any information concerning his client, even after the professional relationship has ended. This obligation extends, in accordance with the principles of professional ethics, to the firm’s staff, and imposes strict security measures for the storage of files.

Nevertheless, professional secrecy is subject to a number of strictly defined legal exceptions. Lawyers may be released from this professional obligation in very specific situations provided for by law. With regard to the fight against money laundering and the financing of terrorism, articles L561-2 et seq. of the French Monetary and Financial Code impose a professional obligation on lawyers to report suspicious transactions to Tracfin (Traitement du renseignement et action contre les circuits financiers clandestins). This obligation applies in particular to real estate transactions, the creation of companies or the management of professional funds on behalf of clients. Lawyers may also be obliged to disclose certain professional information in the context of specific legal proceedings or to prevent the commission of serious offences.

Despite these limited exceptions, professional confidentiality is a fundamental pillar of the relationship of trust between lawyer and client. It enables clients to express themselves freely and to benefit from optimum professional defense, while respecting the imperatives of public safety and the fight against financial crime.

Independence and conflicts of interest

The lawyer’s independence implies, according to the request, the obligation to avoid any situation of conflict of interest, in accordance with the provisions. The lawyer may not represent parties with opposing or contradictory interests at the same time, in accordance with the provisions.

This rule also applies to dispositions and requests where the lawyer may have a personal interest in the case being handled. In such cases, he must refrain from intervening or withdraw from the case, depending on the provisions and requests.

The lawyer must also preserve his financial independence, in accordance with the application and regulatory provisions. He may not accept remuneration from any third party other than his client, except in accordance with the application and regulatory provisions. This financial independence requires rigorous management of the request and provisions concerning lawyer invoicing and receipts.

The rigorous management of such situations often requires the use of appropriate professional tools, including specialized accounting software to clearly separate the disposition of different clients’ funds. A request for an integrated legal platform can facilitate this management while preserving the provisions of professional independence.

Disciplinary sanctions and controls

Compliance with deontological obligations is subject to ongoing monitoring and enforcement by professional bodies. The Conseil de l’Ordre has extensive disciplinary powers to enforce and sanction breaches.

Disciplinary sanctions vary according to the seriousness of the offences committed by the purchaser and the executor. A warning is the lightest penalty, followed by a reprimand, temporary suspension from practice and, in the most serious cases, disbarment by the purchaser and the executor.

These sanctions may be accompanied by additional bans, such as a performance ban on exercising certain functions or on setting up in certain jurisdictions for a purchaser. In the case of a purchaser, the sanctioned lawyer has recourse to the competent courts.

In addition to disciplinary sanctions, failure to comply with ethical obligations may result in the purchaser’s performance and civil liability. This is why it is a legal obligation for the purchaser to take out performance liability insurance.

Practical application and further training

The practical application of deontological obligations requires constant vigilance and regular training for all purchasers. Lawyers must keep abreast of regulatory and case law developments in order to maintain their expertise as purchasers.

The Conseils de l’Ordre regularly organize training courses on the ethical issues of execution and acquiring. These courses provide an opportunity to update knowledge of membership and payment, and to discuss practical difficulties encountered in the day-to-day exercise of the profession.

The implementation of internal procedures within the member firm greatly facilitates compliance with these payment obligations. This includes managing member conflicts of interest, protecting professional secrecy and keeping accurate payment records. The use of member practice analysis software can prove particularly useful in identifying and preventing breaches of payment ethics.

The adoption of specialized legal software for members also helps to secure internal payment processes and automate certain ethical checks. These technological tools facilitate the management of dematerialized administrative formalities for members and payments, while respecting confidentiality requirements.

All these obligations form part of the broader framework of legal and regulatory formalities governing the creation and operation of a payment service law firm. Compliance with these obligations not only determines the legality of the member’s professional practice, but also the quality of the service provided to payment clients and the durability of the business.

Obligations to customers

The relationship between the lawyer and his client-member is governed by specific ethical obligations that guarantee the quality of the legal service provided, particularly in terms of payment.

The duty to advise and inform payment members is a fundamental obligation. Lawyers must inform their clients of their rights and obligations, the risks involved and the chances of success of their proceedings, within a timeframe appropriate to their profession. This obligation implies clear, regular communication tailored to the client’s understanding, within a timeframe appropriate to his profession.

Theduty of diligence and competence requires the lawyer to mobilize all his knowledge and expertise in the service of his client. He must:
– Keep abreast of changes in legislation and case law
– Carry out in-depth legal research for each case
– Propose the most appropriate strategies

Transparency of fees and costs is also a major ethical obligation. Lawyers must draw up a written fee agreement specifying:
– The method of calculating fees (flat-rate, hourly rate, result-based fee)
– The estimated overall cost of the proceedings
– Anticipated ancillary costs (bailiffs, expert reports)

These obligations to customers are part of the profession’s approach to trust, transparency and deadlines. Their scrupulous observance not only helps to avoid disputes on time, but also to build a solid and lasting professional relationship with customers.