LEGAL ETHICS

Legal ethics form the foundation of the legal profession. They guide the relationship between lawyer and client and anchor it in trust, honesty and diligence. The rules laid down in the Code of Professional Conduct for Lawyers are not merely professional regulations: they carry a dual significance. For the client, they constitute a guarantee of protection and reliability in the individual relationship. For the rule of law, they are structural conditions that ensure the legal profession can function as a free and credible pillar of justice.

Confidentiality

Everything that a lawyer learns in the course of practising their profession is subject to a strict duty of confidentiality. The Court of Cassation regards this professional secrecy as a norm of public order; the European Court of Human Rights sees it as an essential component of a fair trial. Without confidentiality, a client cannot freely approach their counsel.
Whereas in Roman times the fides advocati was merely a moral expectation, confidentiality became a legal guarantee from the time of the French Revolution. Today the core remains absolute: communications in the context of defence are protected without exception. At the same time, reporting obligations exist in the context of anti-money laundering and counter-terrorism. The ECtHR confirmed in Michaud v. France (2012) that such obligations are compatible with Article 6 ECHR, provided the essence of professional secrecy remains intact.
For the client, confidentiality creates a space where everything can be discussed freely. For the rule of law, it ensures that access to justice can truly function, because defence without confidentiality would be impossible.

Independence

A lawyer practises their profession in full independence. They may not allow themselves to be influenced by external pressure or self-interest. While this was often difficult in the Middle Ages due to patronage, independence was firmly anchored in law from the 19th century onwards.
Today, independence is recognised in international principles (UN, CCBE) and remains a necessary safeguard. It ensures that lawyers act solely in the service of the law and the interests of their client, and that the legal profession supports the rule of law as an autonomous actor. Independence also means that the lawyer is free to act against any opposing party, however influential or institutional they may be. The right to a defence would be hollow if the lawyer were dissuaded by power or prestige from bringing a claim. It is precisely in this freedom that the strength of the rule of law finds expression: all actors, public and private, are accountable before the courts.
For the client, this means the assurance of a free and unbiased defence. For the rule of law, it guarantees that power is kept in balance and that no one stands above the law.

Integrity

A lawyer is obliged to act with honesty and integrity. What was primarily an ideal in the Middle Ages became an enforceable norm with the development of disciplinary law in the 19th century.
Today integrity applies across a range of domains: from fee arrangements to the handling of third-party funds and collegial cooperation. The Court of Cassation confirmed that breach of transparency obligations may give rise to liability. The aim is clear: to preserve credibility. Integrity strengthens not only the legitimacy of the legal profession, but also that of the judicial process as a whole.
For the client, this means being able to rely on correctness and honesty at every stage of the collaboration. For the rule of law, integrity ensures that justice is upheld by a credible profession that deserves trust.
Undivided loyalty
A lawyer must represent the interests of the client exclusively. Conflicts of interest are prohibited, except in exceptional cases with informed consent. This principle, already known in the Roman legal tradition (nemo potest esse simul actor et defensor), is today absolutely enshrined in the Code and the European rules of conduct (CCBE).
Undivided loyalty means that the lawyer defends the client's interests without compromise, even when this leads to challenging the actions or decisions of powerful opposing parties. This duty confirms and reinforces the functioning of the rule of law: no one stands above the law and access to the courts applies without restriction to every citizen.
For the client, this means that their interests always come first, without divided loyalties. For the rule of law, this ensures that the law is not merely formal but actually functions through effective defence.

Communication and transparency

A lawyer must inform their client clearly and in a timely manner, both about the progress of the case and about the financial aspects of the service.
Historically this was often a weak point, but today it is an enforceable norm, reinforced by the Code of Economic Law and confirmed by the Court of Cassation. Transparency corrects the asymmetry between lawyer and client and ensures that the person seeking justice can make choices on the basis of complete information. A signed agreement plays a central role in this: it makes arrangements tangible and prevents ambiguity arising at a later stage.
For the client, this means guidance and the ability to make decisions based on full knowledge. For the rule of law, it means that citizens participate consciously in their own proceedings, thereby strengthening the legitimacy of justice.

Competence and assistance

A lawyer is obliged to continually update their knowledge and provide quality assistance at every stage of the case.
This principle connects with a long tradition of legal education: from the Roman jurisconsults to the medieval universities and the modern organised bar. Today, competence means more than knowledge of the statute book: current insights into international and compliance rules are also part of it. This ensures that legal assistance is not merely formal, but substantively effective.
For the client, this means access to current and high-quality legal assistance. For the rule of law, it means that the application of law is not only theoretical, but also practically effective.

The role of the engagement agreement

The engagement agreement occupies a special place in the relationship between lawyer and client. It is not merely a formal document, but an instrument that anchors trust and clarity. Arrangements regarding costs, fees and the manner of service delivery can be recorded prior to the handling of the case, but may also be specified or confirmed in the course of the proceedings. In both cases, the agreement creates a framework of transparency and legal certainty.
This agreement binds both parties. For the client, it constitutes a clear guarantee of what can be expected, both in terms of substance and financially. For the lawyer, it confirms the duty to carry out the agreed arrangements loyally and with integrity. For the rule of law, it means that reciprocity and transparency are institutionally recorded: the agreement gives concrete form to trust, balance and legal certainty.