The article presents the results of the author’s study of the place of lawyer ethics in the system of elements of the lawyer’s legal status. Systematic analysis of established international standards and legal positions of the European Court of Human Rights indicate the decisive role of lawyer ethics in the formation of the authority of the lawyer profession and public trust in it. However, they are generally absorbed by the authority of justice in the state, the burden of ensuring which rests not only on the court, but also on the lawyer as one of the participants in the legal process. The unworthy behavior of these subjects discredits the idea of justice, which gives a special theoretical and practical meaning to ethics. That is why a lawyer must be moral and ethically oriented. This is supported by a set of ethical obligations and responsibility. However, in domestic scientific doctrine, the approach prevails, according to which the legal status of a lawyer includes such elements as: professional rights and duties, the lawyer’s responsibility and guarantees of his professional activity. At the same time, some scientists note the ethical nature of a lawyer’s professional duties. The ethical nature of a lawyer’s professional duties is closely related to the independent and autonomous character of a lawyer’s professional activity. Its effectiveness depends on his own ideas, personal views and understanding of such categories as conscience, justice, responsibility to others, as well as beliefs about proper behavior. Therefore, ethics is the immanent basis of a lawyer’s duties. However, it is not limited to them. Ethics determines not only the moral basis of his duties, but also his rights and guarantees of activity, because the latter are directly related to certain privileges. And in this aspect, the presence of certain advantages should be justified not only by the specifics of a person’s professional status, the tasks he performs, but also by the presence of high moral values and guidelines. In addition, as follows from the practice of the ECHR, ethics in relation to a lawyer regulates a much broader category than rights, duties, or guarantees. We are talking about the behavior of a lawyer, which includes not only the traditional elements of his legal status, but also such manifestations as gestures, facial reactions, intonation of statements, etc. As a result, it was concluded that ethics is a necessary and mandatory component of the legal status of a lawyer. Being immanently inherent in its components such as rights, duties, responsibilities, guarantees of professional activity, which in the relationship and interaction form a single system, ethics is not absorbed by them and deserves to take a separate place in it.
Read full abstract