Loyalty And Law Cooperation

Loyalty and law cooperation

Introduction

The first criterion is the probability that a specific situation causes the risk of acting unfairly. That is, what is the possibility that the situation will be affected by professional secrecy, for example. The second criterion will be the damage that may cause third parties if we act knowing that we are facing a situation in which there are conflicts of interest. For example, the violation of a person’s right to honor when concrete information of that person is revealed. The third criterion will be to take into account secondary elements such as the discredit that would be for the professional group, the lack of confidence that would exist from now on, etc.

Developing

Loyalty and cooperation with the rest of lawyers

This is the second sphere in which the professional loyalty of the lawyer intervenes. We refer to the lawyer’s relationships with the professional group. This principle is manifested through duties as solidarity behaviors and collaboration between the group of peers, for example, when maintaining the word, acting with transparency and good faith. We will point out article 5 of the Deleal Competition Law:

Any behavior that is objectively contrary to the demands of good faith is reputed to be disloyal. As we have said at the beginning, acting with professional loyalty does not imply only complying with the regulations, but, in a negative sense, it means not acting as the Fair Play the rules of the game.

It has always been considered an indispensable requirement of the professional deontology of the lawyer to act with honesty and transparency, why? Because it is about covering that need for trust and cooperation to satisfy customer interests.

We can think that the relationship between two lawyers consists only of a continuous professional confrontation for having different points of view, but we have to realize that, in reality, the lawyer discusses against another lawyer, but, at the same time, they are stillcompanions. As Herranz indicates, respect for colleagues must be strong enough to pass over the difficulties that are born, for example, of differences of opinion in professional matters or tensions due to the distribution of responsibilities and competencies. Therefore, some demands of the loyalty principle collected in article 11 CDAE are:

• Duty to lend advice, help and guidance to those who lack experience.
• Duty to maintain respect for the opposite lawyer.
• Obligation to avoid violence against other lawyers.
• Duty to ensure the extrajudicial solution of fees claims.
• Meetings between lawyers will take place in spaces that do not pose a privileged situation for any of them.
• Duty to always receive and releasing a partner’s visit for professional matters.
• Duty to immediately attend lawyer communications.
• Obligation to notify the cessation or interruption of negotiation.
• Duty to consider with confidential or reserved communications with foreign colleagues, always taking into account that it must depend on it to a greater extent.
• Obligation to refrain from requesting the testimony of the lawyer on facts related to his professional action.
• Not attributing powers other than those conferred by the client.
• Do not continue with the defense or advice of the client when it disappoints and does not respect the agreement agreed with the opposite lawyer.

conclusion

Without neglecting the Principle of Profession. It is Rawls who defends that there are those rules. For him, being unfair, does not imply breaking any particular rule, even if the infraction is difficult to detect traps, such as taking advantage of subterfuges or ambiguities contained in the rules.

Take advantage of special or unexpected circumstances that make them impossible to enforce them, insist that the rules are enforced for their own benefit when they should be suspended and, in general, act contravening the intention of a practice. For this reason there is talk of the sense of clean play: acting clean and equitably requires more than the simple being able to follow rules.