Alliah P.

Elviña Grade 12-ABM1

Security Bank Code of Right Conduct

Security Bank always prioritizes two things: our customers and our people. We aim to be

among the best Banks in the Philippines, with our competitive advantage of providing a
sustainable and long-term Better Banking experience.

All Security Bankers are to uphold the following five (5) principles:
1. Every employee has a role in delivering our brand promise. Understand, define and
remember how you can contribute to putting customers first and giving them better
banking.
2. We are one bank and value all our bank customers. Invest effort to understand your
customers’ needs even if you do not deal with them directly! Always remember that
we’re all contributing something to the bigger picture.
3. Put the customer first and take initiative. To find the best solution for their needs, don’t
give up! You’ll find there’s always something to everyone.
4. We are customers’ financial partners. We understand their needs and actively promote
our products for every part of their lives.
5. While keeping customer needs a priority, remember corporate integrity… If in doubt –
ASK!
These principles require a high commitment to honesty, industry, and integrity essential to an
agile and competent organization.In this light, the Bank’s Code of Conduct aims to:
 Serve as a reference in maintaining the employees’ sense of responsibility and
commitment to the virtues of honesty, industry and integrity.
 Establish measures and standards to institute discipline. Discipline shall be utilized
primarily as a positive tool for the development of the character and spiritual strength
of the human being. Discipline shall be imposed only as a measure to achieve order
and harmony throughout the organization.

The Bank’s Code of Conduct covers all employees regardless of rank, position, and
employment status. The Code is extended to include employees who have already resigned but
have not yet been issued an employee clearance of their accountabilities for offenses
committed before resignation.

Security Bankers, in pursuance of our brand promise, are required to comply with the following
professional and moral standards upheld by the organization:

PUNCTUALITY. Security Bankers are committed to deliver effective time-management.

Attendance is therefore an essential concern. It is also the Bank’s policy to properly maintain the
work hours of its employees in accordance with government regulations, production/service
needs, and work schedule efficiency.

Being on time is most important to the efficient operation of the Bank. The ability of the Bank to
operate efficiently and meet its schedules depends upon regular attendance. Hence, all Security
Bankers are presumed to be conscious in observing the Bank’s Policy on Work Schedule and
Attendance. Employees are expected to report to work regularly and complete their working
hours for the day. Moreover, services to the clients and accomplishment of work require
teamwork among employees and units of the Bank. It is, therefore, important for the employee
to be regularly available in his/her work station at the designated work schedule.
CARING FOR AND MAXIMIZING BANK PROPERTY. Security Bank believes that proper and
appropriate use, maintenance and protection of bank properties, including its operating systems
and facilities, contribute to its overall objective of attaining success in all its varying and
changing business endeavors. Employees should take proper care of Bank property and use
them wisely, particularly:
 To make every effort to maximize the use of Bank stationery and supplies.
 To keep their workplace neat and clean, in compliance with the 5S plus 2S
requirement of the Bank.
 To handle Bank property with proper care and assure that no damage or loss of
property occurs.

Proper handling of bank property benefits both the Bank and the employee as improvements on
productivity, quality, costs, delivery performance, safety, and morale are affected in this regard.

ALWAYS ACT ON THE PRINCIPLE OF “COMMAND RESPONSIBILITY”. The Bank

recognizes the importance of preventing at an individual level an incident which is detrimental to
the interest of the Bank regardless if they are the direct or indirect superiors of an employee
who committed an infraction.

PROPRIETY IN CONDUCT AND DECORUM. Employees are enjoined to maintain high

standards of morality. Since an employee’s behavior must be beyond reproach, he is expected
to limit his/her association with questionable characters and to avoid gambling, alcoholism, drug
addiction and the commission of indecent or immoral acts or entanglements. Employees are
penalized for committing theft or robbery or estafa or any act involving moral turpitude against
the Bank, co-employee, or client. Employees are likewise required to observe proper decorum
when transacting with clients, suppliers, and co-employees of the Bank and wear appropriate
corporate attire and Identification (ID) Card when conducting official business.

LOYALTY AND GROWTH OF BUSINESS RELATIONSHIPS. The growth and stability of the

Bank depends on its employees’ commitment, dedication, and faithfulness to their duties.
Employees are expected to exert all effort to help promote the service of the Bank, attain
maximum productivity, and contribute to the Bank’s overall efficiency.

NO CONFLICTS OF INTEREST. Security Bankers are not allowed to pursue any personal or

professional venture that may give rise to a conflict between their own interest and that of the
Bank. Conflict of Interest arises in any situation wherein an individual or corporation is in a
position to exploit a professional or official capacity in some way for their personal or corporate
benefit. The overall governing principle is that employees must avoid situations where their
personal interest may conflict or appear to conflict with the interests of the Bank or its
customers. In addition, directors, officers, and employees also have obligations to the public at
large relating to proper handling of confidential information. Employees are prohibited to directly
or indirectly engage in any conduct or activity that may directly or indirectly be construed as
inconsistent or incompatible with the Bank’s business. Such conflict may spring from doing
business with the Bank, performing services with service contractors, and performing work
outside the Bank.

INTEGRITY AT ALL TIMES. The banking industry is built on confidence and trust, and relies
heavily on the honesty and integrity of its employees. It is the duty of every Security Banker,
therefore, to keep in strict confidence Bank records or information that may affect the
relationship of the Bank with its clients, or any such confidential information concerning the
affairs of the Bank. Employees are required to abide by the rule governing the secrecy of
deposits provided under RA 1405. The act states that it is unlawful for any official or employee
of a banking institution to disclose information concerning deposits to persons within or outside
who are not authorized to have knowledge of said information.

Misuse of material non-public information or inside information is also prohibited. This refers to
the use of any information about a company that is not known by the investing public, the
knowledge of which might influence the price of the securities of that company, and/or
disclosure of these information to others, even within Security Company, other than on a “need
to know” basis. The question of disclosure and use of sensitive information has received a good
deal of attention from the Securities and Exchange Commission and others, particularly so-
called “material inside information”, i.e., information about a corporation which might, if generally
known, have a significant and immediate impact on the price of its stock. Unofficial
dissemination / transmittal / communication resulting to unauthorized acquisition and/or
disclosure of confidential and/or non-public information are violative of the Bank’s Code.

In addition, the Bank prohibits misappropriation of funds belonging to the Bank and/or client
regardless of the amount. This can be made through outright abstraction of cash, manipulation
of records or employing other individuals or means to gain access to and misappropriate Bank
or client’s funds, such as kiting and forgery.
 Code of Ethics for Civil Engineers
 
Preamble:
1.     In March of 1938, the Japan Society of Civil Engineers promulgated "the Beliefs and
Principles of Practice for Civil Engineers."  This had initially been prepared in February of
1933 and was later codified by an entrusted committee on mutual rules of the Japan
Society of Civil Engineers (the Chairman was Dr. Akira Aoyama, an ex-president of the
Society).  In 1933, Japan declared its withdrawal from the League of Nations, a turning
point prior to the later Lukouchiano (Marco Polo Bridge) Incident that led to War with China
and the Pacific War.  Despite the trends of such an era, the Japan Society of Civil
Engineers is proud of its insight to stipulate its "Beliefs and Principles of Practice for Civil
Engineers".
2.     The Japan Society of Civil Engineers is composed of engineers who carry out civil
engineering work and researchers who study the relating subjects.  Its members are
obliged to strive for: 1) mutual collaboration among its members; 2) contribution to the
progress of science and technology; and 3) direct contribution to civil societies.
        The Society has renewed "the Beliefs and Principles of Practice for Civil Engineers" into
the Code of Ethics, solely because the Society has recognized the increasing importance of
the mission and the emerging responsibility shouldered by civil engineers today and in the
future.

Basic Perceptions:
1.     From the dawn of human history till the present day, civil engineering has contributed to
ensuring human beings’ safety and enriching their quality of life through constructing,
maintaining, and managing social overhead capital.  The current industrial civilization has
especially been supported by great technological achievements, which has remarkably
improved the lives of mankind.  However, along with the expansion and diversification of
technological advancement, the influence caused by these phenomena upon nature and
societies has drastically increased in its complexity and magnitude.  Civil engineers should
deeply recognize these facts and adhere to the ethical principles of self-disciplined moral
obligation when applying advanced technology.
2.     The present generation is responsible for ensuring the sustainability of life-supporting
conditions for generations to come.  It is an honorable mission for the present civil
engineers to create and preserve the environment that enhances the coexistence of nature
and mankind.
 

Code of Ethics
A Civil Engineer Shall
1.     Apply his/her technical skills to create, improve, and maintain "beautiful national land,"
"safe and comfortable livelihood," and "prosperous society", thus contributing to society
through his/her knowledge and virtue with an emphasis upon his/her dignity and honor.
2.     Respect nature while giving the highest priority to the safety, welfare, and health of
generations today and in the future, and shall endeavor to preserve and work with nature
and the global environment for the sustainable development of mankind.
3.     Value traditional technology rooted in indigenous cultures, engage in research and
development of advanced technology, promote international cooperation, deepen mutual
understanding of other cultures, and enhance welfare and safety of human beings.
4.     Perform civil engineering work from a broad perspective based on his/her specialized
expertise and experience regardless of his/her organizational affiliation.
5.     Publish reports and express opinions based on his/her accumulated expertise and
experience, and live up to his/her own beliefs and conscience.
6.     Disclose all relevant information concerning public safety, health, welfare, and sustainable
global development, in an effort to carry out irreversible civil engineering work that is of
long-term and large-scale in nature.
7.     Keep a fair and impartial attitude to the public, clients of civil engineering work, and
himself/herself while performing work sincerely.
8.     Act as an honest agent or trustee of the employer or client in regard to technical work.
9.     Treat everyone fairly without any discrimination against race, religion, sex, or age.
10.   Perform work in compliance with applicable laws, ordinances, rules & regulations,
contracts, and other standards, and shall not give, ask, nor receive directly or indirectly any
undue compensation.
11.       Understand the function, forms, and structural characteristics of civil engineering
facilities and structures.  In their planning, design, construction, maintenance, and disposal,
apply not only advanced technology but traditional technology as well while preserving the
ecosystem and the beauty it contains, while staying mindful to preserve historical heritage.
12.   Strive to enhance his/her own expertise, study diligently concepts and engineering
methods, and contribute to technological development through informing academic
societies of the results of these efforts.
13.   Endeavor to cultivate human resources by effectively utilizing his/her own personality,
knowledge, and experience while providing support for others to enhance their professional
proficiency.
14.   Actively explain the significance and role of his/her own work and respond sincerely to any
criticism of such explanation.  Further, evaluate objectively the work completed by
himself/herself and by others, and express positively individual opinions.
15.   Live up to the Code of Ethics stipulated by the Society while continuously seeking to
enhance the social status of civil engineers.  In particular, members of the Society shall
take the initiative of professional dignity by observing this Code of Ethics.
 
 The Attorneys' Code of Ethics

I. GENERAL PRINCIPLES
1. The Attorneys' Code of Ethics (hereinafter called: the Code) establishes the principles and
rules of conduct that attorneys shall at all times follow in fulfilling their professional
responsibilities and in order to preserve the dignity of, and respect for, the legal profession.
2. The basic principles are contained in the solemn oath that every attorney takes when
beginning his or her professional legal activity. These principles must be a component part of
each attorney's own conscience and belief.
3. The attorney's relationship towards his or her client, the adverse party and the opposing
attorney, other attorneys, courts, public attorneys and other government bodies and agencies
possessing public authority shall be determined by the attorney's role as the protector of the
rights of citizens and legal entities.
4. In his or her appearances, submissions, speeches and other official acts and public and
private appearances in general, an attorney shall always consider the requirements of
professional and general culture.
5. In fulfilling his or her professional responsibilities, an attorney shall behave in such a way as
to gain and maintain the trust of the client, and of the judicial and other bodies he or she
appears before.
6. An attorney shall fulfill conscientiously all his or her duties that arise from the attorney's
profession and preserve the reputation and the dignity of the profession both at work and in his
or her private life.
7. An attorney shall manifest conduct that is an example of humanity, respect, human dignity
and progressive efforts in recognizing and accomplishing basic human rights and freedoms.
8. An attorney shall protect the interests of clients, using only the means that are in accordance
with the law, with the dignity of the legal profession and good customs and that are not contrary
to the attorney's conscience.
9. In representing a client, an attorney shall preserve his or her independence.
10. An attorney shall not accept jobs that are incompatible with the legal profession and could
damage the attorney's independence and reputation and the integrity of the legal profession.
11. Cooperation with unlicenced attorneys is contrary to an attorney's dignity.
12. An attorney shall not entrust to persons who are not authorized to practice law any legal
services that, according to regulations, may only be rendered by attorneys.
13. An attorney shall not refuse to take a legal matter entrusted to him or her by an official body.
14. An attorney shall not accept a fee for any matter entrusted to him or her, unless it is
permitted by the fee schedule.
15. An attorney shall not use his or her previous job or office to attract clients, nor shall an
attorney, in any way, encourage a client to believe that because of such job or office, the
needed legal service will be more effective.
16. An attorney shall constantly renew, broaden and improve his or her legal and general
education.
17. An attorney shall expand his or her scope of activity only by using the means that are in
accordance with ethical standards and the reputation of the legal profession.
18. It is against the dignity and the reputation of the legal profession to act disloyally when
practicing law, and in particular to: - attract clients by means of offers, intermediaries and
advertisements; - give blank letters-of-attorney or promotional material to third parties; -
collaborate with unlicensed attorneys and persons suspected of being illegal practitioners of
law; - promise commission or award to others for attracting clients; - belittle other attorneys; -
take instructions from third persons from outside the law office; - claim good connections; -
advertize legal services in foreign newspapers or by letters sent abroad; - offer discounted legal
counseling; - have an attorney's office sign which is of a conspicuous shape or put an attorney's
sign in places other than the building in which the office is located; - use a disproportionally
large or round seal; - display conspicuously the names of joint law offices in submissions, letters
or elsewhere; - display the attorney's specialization in a conspicuous way; - appear in public, in
mass media or elsewhere by stressing one's capacity as an attorney, in a way that can be
understood as an act of imposing oneself on the public or as advertising.
19. An attorney shall be permitted to: - publish in a newpaper a notice of the intention to open or
move a law office, whereby any impression of such a notice being an advertisement has to be
avoided; - publish a notice about opening or moving a law office in the form of a circular only to
attorneys, judicial bodies and clients.
20. An attorney who is written or talked about in the mass media in a way contrary to the
provisions of the Law on the Legal Profession, the by-laws of the Bar Association and this Code,
thus causing damage to the reputation of the legal profession, has the obligation to respond in a
way so as to publicly disassociate himself or herself from such statements.
21. If an attorney practices law in another country or if he or she represents a foreigner in
Croatia, he or she must try to act according to the principles that govern the legal profession of
such a country.
22. The Code also contains rules whose violation constitutes a disciplinary violation of the duty
and reputation of an attorney.
23. Unless otherwise determined by law, the by-laws of the Bar Association and this Code, a
competent disciplinary body shall determine whether the violation of a rule from the Code in a
particular case represents a disciplinary violation of the duty and reputation of the legal
profession according to the bylaws of the Bar Association.
24. A violation of a rule from the Code that does not represent a disciplinary violation of the duty
and reputation of the legal profession in general shall be examined by the Executive Committee
of the Bar Association or by a competent body of the Local Bar Association to which an attorney
belongs. Such body will inform the attorney of its opinion and warn him or her about the possible
consequences of the violation.
25. The provisions of the Code expressly applying to attorneys who work alone shall be applied
in the same way to attorneys who work in joint law offices or law firms. The provisions of this
Code that expressly apply to attorneys shall accordingly be applied to law trainees. II. THE
ATTORNEY'S CONFIDENTIALITY
26. An attorney shall preserve the confidentiality of any information acquired from a client or
otherwise while rendering legal assistance, particularly during representation or defense. An
attorney must conscientiously determine alone what the client wants to be preserved as the
attorney's secret.
27. An attorney shall exercise reasonable care to ensure that the confidentiality of such
information be preserved by other persons working in his or her law office.
28. The attorney's secret refers to all documents, recordings, computer data, pictures and
similar materials and deposits kept in the attorney's office.
29. Confidences or information acquired in the course of rendering legal assistance to a legal
person or a public body must not be used in the proceedings or otherwise to the client's
disadvantage. An attorney shall not use such confidences to the disadvantage of either one or
more interested members of the particular legal person or body, except when rendering legal
assistance to a legal person or body against their members.
30. An attorney shall preserve the attorney's secret under threat of disciplinary accountability
while rendering legal assistance and afterwards, as long as its disclosure is likely to be
detrimental to the client.
31. In order to preserve the attorney's secret, an attorney shall not disclose any information
about the matters entrusted to him or her, even upon the termination of a case.
32. The rules governing the obligation of protecting the attorney's secret shall be applied
accordingly to other attorneys and employees working in the same law office.
33. An attorney shall expressly state in the work contract (contract of employment) with
employees that the violation of the attorney's secret is a ground for the termination of
employment (severe violation of responsibilities).
34. Revelation of the attorney's secret is permitted only upon the clear consent of the client, if it
is necessary for the defense of the attorney, or if it is necessary to justify the attorney's decision
to withdraw from defending the client. III. FREE LEGAL ASSISTANCE TO DEPRIVED
PERSONS AND VICTIMS OF THE WAR FOR THE HOMELAND
35. Free legal assistance to deprived persons and victims of the war for the homeland is the
honourable duty of every attorney and it must be carried out as conscientiously and diligently as
for any other clients.
36. An attorney shall accept representation of deprived persons and victims of the war for the
homeland in civil and criminal cases when assigned by an authorized body of the Association.
37. An attorney shall have the obligation to render free legal assistance to deprived persons and
victims of the war for the homeland in legal matters in which these persons are enforcing their
rights related to their positions when the Association entrusts such legal assistance to him or
her in accordance with its enactments.
38. In the case of success in voluntary representation of deprived persons and victims of the
war for the homeland, an attorney may ask for a fee for his or her legal services to the extent to
which such a representation will not lose its social and humane character. An attorney shall, in
any case, be allowed to accept a fee that amounts to what the represented client has recovered
from the adverse party on account of the attorney's representation.
39. An attorney who, as counsel to a deprived person or a victim of the war for the homeland,
acquires from such a person or from a third party, in connection with such representation and on
whatever ground, a reward before the termination of representation, has thus committed a
severe violation of the attorney's duty and of the reputation of the legal profession. IV.
RELATIONSHIP TO A CLIENT
40. Faithfulness to the client is the attorney's main duty. It is more important than the attorney's
own interests and any loyal considerations regarding colleagues.
41. An attorney shall exercise all his or her professional skill and conscientiousness to represent
a client and render his or her legal assistance without delay or hesitation. Therefore, when
undertaking a represen-tation, an attorney must use proper care not to, because of excess
work, jeopardize timeliness, thoroughness and conscientiousness when exercising his or her
professional duty. An attorney who is approached by too many clients should direct them to
other attorneys.
42. An attorney shall render legal assistance to a client who approaches him or her and may
refuse the requested legal assistance only for the reasons established by law, the by-laws of the
Bar Association and this Code.
43. An attorney may refuse a client's request for legal assistance only for important reasons,
such as overload, meagre prospects for success, insufficient knowledge in a particular legal
field, common understanding of the client's inclination to wanton litigation, immorality of the
client's reasons to seek legal assistance and the client's incapacity to pay the fee.
44. An attorney who personally knows the adverse party may refuse to represent a client
against it. If he or she is willing to undertake such representation, his or her client has to be
informed about the acquaintance in advance.
45. An attorney who is granted specialized legal assistance by the Association may refuse to
render any form of legal assistance not falling within his or her specialization.
46. An attorney shall refuse legal assistance, if: 1. he or she or any other attorney who worked
or still works in the same office on the same legal matter or in any related legal matter has
represented the adverse party or both parties and has given them legal advice or received
instructions from them: 2. if he or she has worked on the same legal matter or a related legal
matter as a law trainee with the attorney who represented the adverse party; 3. if he or she has
worked on the same legal matter or a related legal matter as a judge, public attorney, attorney-
general or as any other official person in an administrative or other procedure; 4. except in a
criminal case, what the client seeks is wanton or clearly against the law, so that, in all
probability, failure may be predicted; 5. in all other cases provided by law, the by-laws of the bar
Association and this Code.
47. An attorney who renders legal service to two or more parties must cancel the representation
of either of them if a dispute among them arises in connection with the rendered legal service.
48. An attorney may not cancel representation except for the reasons for which he or she is
obligated or authorized to cancel them pursuant to this Code.
49. If in the course of representation it becomes clear that the client, without any blame on the
part of the attorney, has lost every chance for a successful outcome, the attorney is authorized
to cancel representation if it will not cause excessive damage for the client who cannot be
eliminated by entrusting the representation to another attorney.
50. An attorney who cancels representation shall represent the client until the client finds
another counsel, but not longer than 30 days from the cancellation of the power of attorney.
51. If it is in the interest of the client, the attorney shall exert every effort to help the parties to a
dispute to reach an agreement without initiating judicial or any other proceedings. In the course
of judicial or any other proceedings, the attorney shall try to encourage the parties to resolve the
dispute by way of settlement if this is in the interest of his or her client.
52. An attorney shall not cause unnecessary procedural costs to the client.
53. An attorney, whose failure to succeed causes a certain cost for the client in the course of the
proceedings, shall inform the client about it and shall cover the costs.
54. While representing a client, an attorney shall not identify himself or herself with the client but
rather preserve the integrity and dignity of a counsel and a defense attorney.
55. An attorney shall represent and defend the client conscientiously, using all the necessary
legal means to do so.
56. In the course of representation and in connection with the dispute, an attorney shall not
come into contact with the adverse party, either in the absence of the client or without the
client's approval.
57. If an attorney renders legal assistance to a number of clients in the same matter, it is his or
her duty to conscientiously protect the interest of all of them, regardless of which party asks for
legal assistance and pays for the legal service.
58. While representing a client, an attorney shall not accept the invitation of the adverse party to
represent him or her, even if in another case.
59. An attorney shall not represent the adverse party in another case even after the termination
of the proceedings in which he or she represented his or her client if, according to the
circumstances of the case, it would be against the principle of attorneys' ethics.
60. An attorney shall not undertake the representation of a co-plaintiff or a co-defendant if their
interests are in conflict.
61. If a client is given legal assistance by an attorney who is a member of, or works in, a law
firm, or is a member of a joint law office, the adverse party shall be any party which is being in
conflict with the client of an attorney working in the same law firm or a joint law office. V.
REPRESENTATION IN CRIMINAL CASES
62. An attorney shall undertake the proffered defense of a defendant in criminal cases,
regardless of the identity of the accused individual or the nature of the criminal offense.
63. An attorney shall not refuse to render legal assistance in a criminal case because it is
difficult to win, because there is some irrefutable evidence that a criminal offense has been
committed, because the client has admitted his or her guilt, because of the severity of a
particular criminal offense, because of public opinion or in any other similar situation.
64. An attorney shall not cancel his or her legal assistance to a client in a criminal action if as a
result the client's position would be endangered or it would be impossible for the client to find
another attorney.
65. In a criminal case, an attorney may withdraw from defending a client only if his or her
professional conscience does not let him or her carry out the task.
66. In the course of, and in connection with, a criminal action, an attorney must avoid giving
prominence to his or her name for the purpose of advertising, primarily in mass media.
67. An attorney shall not make public statements in the course of a criminal action that may
have an impact on the progress and outcome of the proceedings.
68. It is against the reputation of the legal profession to offer oneself as a defense attorney to
prisoners and use them to obtain work.
69. When more than one defendant and defense attorney participate in a criminal trial, each
attorney shall try not to encroach on the domain of the other attorneys.
70. An attorney shall not defend or free his or her defendant from guilt in such a way as to shift
the blame to other co-defendants, or increase their guilt in order to decrease the guilt of his or
her defendant. An attorney may do that only if, in his or her justified opinion, the defendant is not
guilty and this cannot be proven in any other way except by proving the guilt of a co-defendant.
Such evidence must correspond to the facts.
71. If there is more than one defense attorney, they must try to coordinate their work and speak
in such a way as not to harm any defendant. The defending attorneys must reach a preliminary
agreement regarding their speeches, so that the defending attorneys speaking first do not
exhaust the issue to such an extent as to make the duty of other attorneys more difficult.
72. In his or her legal presentations and conclusions, a defending attorney is not bound by the
instructions received from the client regarding legal matters. The defending attorney shall have
the obligation to abide by the instruction received from the defendant concerning facts only. VI.
RELATIONSHIP TO THE ADVERSE PARTY
73. An attorney shall treat the adverse party in a considerate and objective way, trying to
establish the conditions for the dispute to be solved as soon as possible and in the mutual
interest of the parties.
74. An attorney shall not try to accomplish the foregoing requirements by using otherwise legal
but inappropriate or harsh means.
75. An attorney shall not exploit the ignorance, error or intimidation of the adverse party,
particularly if the party does not have a legal representative, in order to achieve unjust success
for his or her own party.
76. If the adverse party is not careful, conciliatory, considerate and objective,the attorney may
treat the adverse party firmly, especially when the absence of such a manner could damage the
justified interests of his or her own client and encourage the adverse party to unscrupulousness
and even greater unfounded resistance.
77. Before initiating an action, an attorney must always warn the adverse party by giving a
reasonable deadline for the fulfillment of the disputed claim, unless the matter is urgent or if it is
a question of an obvioulsy wanton and uncompromising opponent.
78. An attorney shall not come into any contact with the adverse party without the knowledge of
the party's counsel or without the knowledge of his or her own client.
79. An attorney must discourage his or her client from criminally suing the adverse party for
imprudent statements caused by a tense situation in the proceedings if such a suit is not
necessary in order to meet the client's interest. The attorney himself or herself should, if
possible, try to refrain from criminal actions against the adverse party for inappropriate or
impolite statements about him or her that have been made out of nervousness. VII.
RELATIONSHIP TOWARDS THE BAR ASSOCIATION AND THE LOCAL BAR
ASSOCIATIONS
80. An attorney shall conscientiously fulfill all his or her obligations towards the Bar Association
and the Local Bar Associations and shall respect, preserve and increase their reputation and
contribute to their increasingly successful work.
81. An attorney shall attend the Association's and the Local Bar Association meetings, the
general meetings in particular, and shall, with his or her active participation, contribute to their
successful work.
82. To be elected to any body of the Association or the Local Bar Association ought to be an
honor for every attorney, and he or she may refuse the appointment only if their own health
conditions make work in these bodies impossible.
83. An attorney shall strive to successfully nurture and develop correct relations among
attorneys.
84. A particularly severe violation of the attorney's duty is: - not to apply the decisions of the
bodies of the Association and of Local Bar Associations; - to submit false reports to these
bodies; - any wrongful written or oral communication with these bodies; - not to fulfill, or to fulfill
irregularly, any financial obligations towards the Association and Local Bar Associations. VIII.
RELATIONSHIP TO THE COURTS AND TO ADMINISTRATIVE AND OTHER GOVERNMENT
BODIES
85. In carrying out the legal profession, an attorney shall always protect the authority of the
courts before which legal assistance is rendered and shall at all times express his or her due
respect.
86. By his or her appearance before any court of law, an attorney shall always justify and
maintain the understanding that he or she is a cooperator in law enforcement and in the
protection of the fundamental rights of citizens and their justified interests.
87. If judges relate to an attorney, to a law trainee or to a client as if they were inferior persons,
the attorney shall resist and shall maintain such an attitude and conduct so as to convince them
that they are all associates in the process of accomplishing an equal task and therefore have
the same position.
88. While working as a legal counsel for a client, the attorney's possible private relationship with
the judge must not be manifested.
89. The attorney's attitude before the courts and in submissions and speeches shall be as
realistic and concise as possible, to a degree that will not damage the protection of the client's
interests.
90. The length of submissions and speeches shall depend on the circumstances of a particular
case, on its complexity, on the legal matter frequently or seldomly occurring in practice and on
the extent to which legal and factual issues involved have been solved in legal practice and
analyzed in legal writings.
91. An attorney shall exert maximum effort to ensure that his or her submissions and speeches
are presented in a concise and eloquent manner and that they are interesting, clear and easy to
understand.
92. When appearing before the courts, an attorney shall not make insulting statements or
derogatory comments on the judge's decisions, and shall not impetuously and thoughtlessly
challenge and make accusations against the judge or act in such a manner.
93. During litigation and until the final decision is rendered, an attorney shall not make
statements and undertake other out-of-court activities by which he or she may, in an
unpermitted way, influence the course and outcome of the proceedings.
94. An attorney shall advise the client to show due respect towards the courts.
95. An attorney shall offer determined resistance against every attempt to violate the rule of law
and personal dignity, using only the permissible and correct means.
96. In order to offer a client expeditious legal protection at the lowest expense, an attorney shall
avoid dragging out or misusing of any right in a lawsuit before the court.
97. An attorney shall try to ensure that both the attorney and the client conscientiously use the
rights they are entitled to in the proceedings.
98. In principle, an attorney may speak with witnesses outside the court both before and in the
course of the proceeding. The attorney is, however, obligated to speak with them in such a way
as to avoid any influence on the witnesses.
99. The provisions of this Chapter on the relationship of an attorney towards the courts shall
similarly be applied to the relationship of attorneys towards administrative and other government
bodies, before which the attorney renders his or her legal assistance to the client. IX.
RELATIONSHIP AMONG ATTORNEYS
100. Due respect for the profession obliges every attorney to have a correct and loyal
relationship with other attorneys and to show professional solidarity. Such relations must not
have a negative impact on the conscience and determination of an attorney when representing
and defending his or her client.
101. An attorney who is approached by an attorney from abroad for legal assistance must
always be aware that the foreign attorney depends on his or her assistance much more than if
sought from an attorney in his or her own country. Therefore, the responsibility of attorneys in
rendering legal assistance to foreign attorneys is much greater. Such cases must be undertaken
only if they can be handled without any delay.
102. An attorney who seeks legal assistance from a foreign attorney shall be responsible for the
foreign attorney's fees, unless otherwise expressly agreed.
103. An attorney who has directed his or her client to a foreign attorney shall not be responsible
for the foreign attorney's fees but will also not be entitled to any portion of such fees.
104. If an attorney is approached by a client represented by another attorney, it is his or her
obligation to inform the latter about it.
105. An attorney shall treat the opposing attorney with due respect, to avoid belittling or slighting
him or her in any way. An attorney shall also not personally assault an opposing attorney or
unnecessarily involve him or her in any dispute.
106. In every extrajudiciary or procedural appearance against the adverse party, an attorney
shall not avoid the party's counsel and shall not make statements about not wanting to
communicate with the counsel.
107. An attorney shall prevent any attempt of the adverse party come into direct contact with
him or her, avoiding at the same time his or her own counsel and without his or her prior assent.
Moreover, the attorney should advise the client to turn to his or her own counsel.
108. It is permissible to undertake a client's representation against another attorney without
previous approval from the competent body of the legal profession. Having undertaken such
representation, the client's counsel must inform the Local Bar Association to which the attorney,
against whom the representation is undertaken, belongs, about the employment in a criminal
proceeding and the outcome.
109. Cases in which the matter in dispute is the attorney's fees should be settled before Local
Bar Association bodies.
110. An attorney shall not undertake representation of a client already represented by another
attorney until the client has cancelled the power of attorney given to the previous attorney.
111. Correct behavior among attorneys requires them, unless there are some important reasons
against this, to help each other by offering professional opinion and advice.
112. An attorney shall accept a correctly requested substitution in rendering legal assistance by
another attorney, unless prevented by his or her own obligations.
113. An attorney who turns to a colleague for substitution shall deliver on time the necessary
data, documents and instructions related to the requested substitution.
114. If the approached attorney is not able to substitute, he or she shall decline the substitution
and promptly inform the attorney requesting substitution. However, if because of the same
shortage of time, a procedural activity could be missed or some other harmful consequences
could occur, the attorney who cannot accept the substitution should find another attorney to
undertake the substitution. The approached attorney has the obligation also to undertake any
other activities in order to avoid possible harmful consequences.
115. An attorney should not refuse to receive a letter from another attorney or return it
unopened.
116. An attorney shall guarantee his or her substitute all the incurred expenses in substitution,
unless otherwise agreed. A request for compensation of the substitution costs has to be made
along with the report on the task.
117. Unless attorneys reach a different agreement, the substituting attorney shall receive half of
the amount foreseen in the fee scale for the rendered legal assistance.
118. Any disagreement with another attorney or a law trainee must be settled directly or with the
mediation of a legal profession committee. X. RELATIONSHIP TOWARDS LAW TRAINEES
119. In order to create a capable young legal profession cadre, attorneys are advised to accept
for training young, capable and diligent law school graduates.
120. An attorney must be aware that law trainees are younger colleagues and future counsels
and will therefore determine his or her attitude towards them accordingly.
121. Attorneys shall offer their trainees the possibility of acquiring legal practice and knowledge
and must therefore make an effort to make the practice diverse and the knowledge thorough.
122. Legal training must not be carried out along with some other job. A law trainee shall carry
out legal training as a full-time activity and not as a sporadic practice. Any assistance towards
fictitious training shall constitute a serious violation of the performance of the legal profession.
123. Entering into any kind of contract between an attorney and his or her law trainee on
participation in gain or partnership is prohibited.
124. A law trainee is forbidden to independently carry out legal operations.
125. An attorney shall conscientiously supervise the work of his or her law trainee.
126. Attorneys shall pay due attention to making law trainees familiar with the rules of the
attorneys' ethics and this Code.
127. A law trainee shall keep the confidences and secrets of the law office in which he or she
works.
128. If a conflict arises between an attorney and his or her law trainee, they must try to solve it
alone or with the mediation of competent legal profession bodies.
129. If a conflict arises between an attorney and a trainee who does his or her training at
another law firm, the attorney should first approach the adverse attorney about mediation in the
dispute. XI. RUNNING A LAW OFFICE
130. An attorney shall strive to keep his or her office and the working style worthy of the
reputation of the legal profession as an autonomous and independent service.
131. An attorney shall maintain an orderly and timely record of all cases, develop a storage
system and accurate files of all dates and hearings, so that both the attorney and the client are
always able to check the files for any data on a particular case. An attorney shall always, in
accordance with the by-laws of the Bar Association and without delay, be able to provide legal
profession bodies with necessary information about his or her work.
132. An attorney shall be responsible for the work of his or her law office. In joint law offices, all
attorneys shall be responsible for the work of their office. In law firms, the attorneys who are
members shall be responsible for the work of their law firm.
133. An attorney shall be particularly conscientious and punctual in his or her financial
operations. An attorney is not allowed to commingle a client's money with his or her own and
must always be in a position to pay out such money.
134. An attorney shall not be allowed to keep money received for the client longer than
necessary.
135. It is prohibited to: - use or keep money which has been given to an attorney for a certain
purpose, for any other purposes; - extend the right of retention for outstanding claims for
services still to be rendered.
136. An attorney shall fulfill all the obligations towards his or her employees in accordance with
the law, the Collective Agreement and the Employment Contract.
137. A law office sign may be put only on the building and in the building in which the law office
is located. The size, the inscription and the number of signs may not exceed the usual
measurements.
138. An attorney is forbidden to publish newpaper columns of questions and answers with his or
her name quoted. An attorney shall also not be allowed to give legal advice to an unlimited
number of persons by means of public communication. XII. REPRESENTATION FEES
139. An attorney is entitled to a fee for his or her work according to a fee schedule for legal
services.
140. If a client offers the attorney a fee higher than the one established in the fee schedule, and
the attorney has not in any way encouraged such an offer, he or she is allowed to accept it,
under the condition that it is not in evident disproportion to the rendered service, to the outcome
of his or her service and the financial condition of the client.
141. An attorney shall have the right to ask for the payment of accrued expenses. If the client
does not deposit the money for the coverage of such expenses, the attorney may refuse to
continue representing the client.
142. An attorney shall have the right to receive a deposit for his or her fees.
143. An attorney who has not been paid his or her fees shall not have the right to refuse to
return to the client his or her original documents when the representation is completed. An
attorney shall, at the client's request and expense, make a copy of all the submissions he or she
has written for the same client.
144. An agreement on the fee for rendering legal service shall only be made in accordance with
the Law on the Legal Profession and the fee schedule.
145. It is not permitted to make a discount from the fixed amounts in the fee schedule. Upon the
completion of the proceedings, it is permitted to make a discount in certain justified cases,
particularly if the claim is uncollectable. It is advisable to make a discount if the client's financial
conditions are difficult.
146. It is possible to make a contract on rendering legal assistance with a legal person or an
individual performing some kind of business activity. A lump sum may be established in the
contract regarding legal counseling services and it should correspond to the expected service.
The fee for court representation and in other proceedings may not be substantially lower than
the amount in the fee schedule. Such a contract must be registered for certification with the Bar
Association.
147. An attorney shall inform the client about the approximate amount of the legal
representation fee and also warn the client that the expenses he or she will be compensated for
on account of the adverse party might be less than the attorney's fee.
148. An attorney shall allow the client to inspect of the fee schedule and, at his or her request,
give a specified statement of costs.
149. An attorney intending to sue his or her client for the costs and the fee owed shall send a
written reminder first. XIII. ENTRY INTO FORCE
150. The Code shall enter into force on the day of being adopted by the Assembly of the
Croatian Bar Association.