Competence
The lawyer is a professional in the field of law. Whether he/she works alone or in association with others, whether a non-specialist or a specialist in a particular field, the lawyer owes his client the same duty of competence and value for money.
Furthermore, he/she is required to take a programme of ongoing training.
Rules of the professional code of ethics
The profession is governed by three fundamental principles:
a) Independence
The lawyer acts independently in his relations with the judge, the client, and is free of all preconceived ideas. He may not agree to defend conflicting interests. Moreover, his independence allows the lawyer to express himself freely at courts and tribunals (i.e. immunity from special pleading), and confers on him the right to accept or decline a particular case on conscience grounds.
b) Probity and dignity
The lawyer is also required scrupulously to observe the duty of justice and upholding ethical standards, and to refrain from any conduct, whether professionally or in his private life, that would be liable to put the honour and integrity of his profession in jeopardy.
c) Professional secrecy
The lawyer may not disclose confidences to others. Accordingly, correspondence between lawyers, and between lawyer and client, is confidential : save in certain exceptional situations, it may not be produced in court.
This rule enables lawyers to correspond among themselves, and with their client, without let or hindrance. They are therefore able to negotiate under the cloak of confidentiality, which is often the key to successful negotiations.
Discipline
Every lawyer is subject to the discipline of the Bar to which he belongs. The law has established a disciplinary board with resort to the Appeal Court, which is convened by the President of the Bar upon receiving a complaint from a client or lawyer. The client is kept informed of disciplinary proceedings and may, in certain circumstances, be given a hearing. In cases of such recourse, it is the Discipline Appeal Board, headquartered in Brussels, which will give its verdict.
Sanctions imposed by the Disciplinary Board range from a warning through to a temporary ban (suspension) or permanent ban (being struck off) from practising as a lawyer. The plaintiff has the right to challenge the responsibility of his lawyer in ordinary, civil or criminal courts.
Professional insurance
The lawyer's liability is insured under a civil-liability insurance and indiscretion insurance in the event of culpable omission or error.