Moral principles of advocacy: general provisions

Abstract

This article, taking into account, first of all, the specifics of the legal status of a lawyer and lawyer activity in general, analyzes the essence of moral principles, as well as their importance in the context of ensuring the independence of a lawyer’s professional activity. The position is argued, according to which the possibility of practicing law at a high level is directly related to the strict observance of all moral requirements that apply to the legal profession and has a direct connection with the lawyer’s personality. Every lawyer should be aware that the lack of proper qualifications and non-compliance with moral principles results in the impossibility of ensuring the realization of the rights, freedoms and interests of persons who are the highest social value in society.
 The positions of both domestic and foreign scientists are analyzed, highlighting certain aspects of the independence and professionalism of the lawyer’s activity and their relationship with the moral principles that apply to the legal profession in general. It is concluded that moral principles are one of the foundations of ensuring the independent legal status of a lawyer, and a lawyer must proceed from the fact that all means and methods of lawyer activity must not only be legal, but must also meet the moral principles of society. Attention is drawn to the fact that the lawyer must, on the one hand, not forget the principle of prioritizing the client’s interests, and on the other hand, must proceed from the fact that the law and morality in his professional activity are higher than the will of his client.
 To reveal the stipulated tasks, and therefore, to achieve the set goal, the author used methods that are characteristic of legal science (systemic-structural, formal-dogmatic, comparative-legal), as well as the dialectical method of learning legal reality.