MORICE v. FRANCE JUDGMENT
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22. Governments shall recognize and respect that all communications and
consultations between lawyers and their clients within their professional relationship
are confidential.”
58. The Council of Bars and Law Societies of Europe (CCBE) has
adopted two founding texts: the Code of Conduct for European Lawyers,
which dates back to 28 October 1988 and has undergone a number of
amendments, and the Charter of Core Principles of the European Legal
Profession, which was adopted on 24 November 2006. The Charter, which
is not conceived as a code of conduct, contains a list of ten core principles
common to the national and international rules regulating the legal
profession.
“(a) the independence of the lawyer, and the freedom of the lawyer to pursue the
client’s case;
(b) the right and duty of the lawyer to keep clients’ matters confidential and to
respect professional secrecy;
(c) avoidance of conflicts of interest, whether between different clients or between
the client and the lawyer;
(d) the dignity and honour of the legal profession, and the integrity and good repute
of the individual lawyer;
(e) loyalty to the client;
(f) fair treatment of clients in relation to fees;
(g) the lawyer’s professional competence;
(h) respect towards professional colleagues;
(i) respect for the rule of law and the fair administration of justice; and
(j) the self-regulation of the legal profession.”
59. Lastly, there is a practical guide to the international principles
concerning the independence and responsibility of judges, lawyers and
prosecutors, produced by the International Commission of Jurists (initially
in 2004, the most recent version being issued on 22 July 2009), which
contains many significant and relevant international documents.
D. Relations between judges and lawyers
60. The relevant passages of Opinion no. (2013) 16 on the relations
between judges and lawyers, adopted by the Consultative Council of
European Judges (CCJE) on 13-15 November 2013, read as follows.
“6. Within the framework of their professional obligation to defend the rights and
interests of their clients, lawyers must also play an essential role in the fair
administration of justice. Paragraph 6 of the Commentary on the Charter of Core
Principles of the European Legal Profession of the CCBE defines the lawyer’s role as
follows: ‘The lawyer’s role, whether retained by an individual, a corporation or the
state, is as the client’s trusted adviser and representative, as a professional respected