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Lawyer vs. Lawyer: Confronting Unethical Conduct Within the Profession

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Written by George Kazoleas, Lawyer One of the greatest difficulties in the daily practice of lawyer’s profession is the relationship with other lawyers and more specifically the unethical conduct of some lawyers. Although in all legal systems of the civilized world there is a legal framework, the so-called codes of ethics among lawyers, I would venture to say that these are probably the most unenforceable rules in practice. While some unethical behaviors, like misappropriating client funds, directly harm clients, others affect the relationships between lawyers. Here are some examples: • Misleading or Deceitful Communication: Making false statements about a case, misrepresenting facts to opposing counsel, or concealing relevant information. For many lawyers, the end justifies the means, so deceiving and lying to the opposing lawyer are the most common means to "Success".  It happens to me all the time that opposing lawyers tell me one thing when we're alone, say anot...

European Commission calls on Italy and Poland to correctly transpose EU rules on the right of access to a lawyer and to communicate upon arrest

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The European Commission calls on Italy and Poland to correctly transpose EU rules on the right of access to a lawyer and to communicate upon arrest. The European Commission decided to open an infringement procedure by sending a letter of formal notice to Poland (and to send a reasoned opinion to Italy for failing to correctly transpose into their national legislation the Directive on the right of access to a lawyer and to communicate upon arrest ( Directive 2013/48/EU ).  The deadline for Member States to transpose the Directive was 27 November 2016.  The Directive is one of the six Directives that make up the EU's legal framework on common minimum standards for fair trials, ensuring that the rights of suspects and accused persons are sufficiently protected. It strengthens Member States' trust in each other's criminal justice systems and thus facilitates mutual recognition of decisions in criminal matters. The Commission considers that certain national trans...

Nepotism and favouritism in the legal profession

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by Giorgos Kazoleas, Lawyer Nepotism in the legal profession is not only a domestic but a global phenomenon with timeless characteristics. Lack of meritocracy and favouritism during the process of recruitment and professional development of lawyers have common sources of nepotism and clientelism. Even in countries with advanced legal systems, such as the USA, the phenomenon of placing relatives and friends in high positions in law firms is very common. In the southern countries of Europe, nepotism stems mainly from family-oriented concepts deeply rooted in the subconscious of the societies. In smaller populated countries the phenomenon of employers' relatives and friends being preferred for jobs in law firms is more than common. In countries like India, the phenomenon of nepotism in the legal profession has particularly concerned the legal community, as there is a stronghold of a few privileged and powerful families which prevails  in the legal profession. Among lawyers and jud...