Disciplinary Liability in Advocacy
This page examines professional misconduct and disciplinary liability as established by the Georgian law on advocates: which breaches of duty trigger disciplinary prosecution, which time limits operate, which sanctions are possible and how the Ethics Commission examines the case. For an advocate, a disciplinary sanction means the interruption of professional practice, even if temporary, — defense is therefore always needed.
Principles and Duties of Advocacy
The assessment of a disciplinary transgression begins with the standards the advocate is obliged to observe. The law names as the principles of advocacy the legality; the supremacy of law and the fair administration of justice; professional competence; the advocate's integrity, good reputation and respect for the legal profession; the freedom and independence of advocacy; the equality of advocates and the inadmissibility of their discrimination; non-interference in advocacy; respect for and protection of the rights and freedoms of the client; the inadmissibility of refusing to exercise the right of defense except in the cases provided by law; protection of professional secrecy; and observance of professional ethics. The advocate must perform professional functions in good faith, observe the norms of professional ethics exactly and unwaveringly, not infringe the rights of the court and other participants, inform the client of a conflict of interest and fulfill continuing education requirements.
Professional Secrecy and Conflict of Interest
Disputes most often concern exactly these two duties. The advocate must protect professional secrecy regardless of elapsed time and must not disclose, without the client's consent, information received in the course of the practice; even the identity of the client may not be disclosed where the client has previously demanded this in writing. The exceptions are named precisely: the client's consent; the use of information in the process of representation or defense where necessary in the client's interests and not previously prohibited by the client; and the defense of the advocate against an accusation brought against him or in a court dispute over an unpaid fee. Under the conflict-of-interest rule, the advocate must not perform such acts or establish such relationships as endanger the client's interests, his professional activity or independence; he may not perform functions in a case where he has already acted for the other party or has worked on it as a judge, prosecutor, investigator, mediator, arbitrator, expert or in another capacity.