Basic Principles on the Role of Lawyers
Adopted by the Eighth Crime Congress, Havana, 27 August-7 September 1990
Access to lawyers and legal services
All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and defend them in all stages of criminal proceedings.
Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction without distinction or discrimination of any kind.
Governments shall ensure sufficient funding and other resources for legal services to the poor and, as necessary, other disadvantaged persons. Professional associations of lawyers shall cooperate to this end.
Programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting fundamental freedoms are to be promoted. Special attention should be given to the poor and disadvantaged to enable them to assert their rights and where necessary call upon the assistance of lawyers.
Special safeguards in criminal justice matters
All persons are to be informed immediately by a competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offense.
All persons are entitled to have a lawyer of experience and competence commensurate with the nature of the offense assigned to them without payment if they lack sufficient means.
All persons arrested or detained shall have prompt access to a lawyer, and in any case within 48 hours.
All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be with insight, but not within hearing, of law enforcement officials.
Qualifications and training
Lawyers are to have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.
There is to be no discrimination of any kind against a person with respect to entry into or continued practice within the legal profession, except that a requirement that a lawyer must be a national of the country concerned shall not be considered discriminatory.
In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, special measures should be taken to provide opportunities for candidates from these groups to enter the legal profession and receive training appropriate to the needs of their groups.
Duties and responsibilities
Lawyers shall at all times maintain the honor and dignity of their profession as essential agents of the administration of justice.
The duties of lawyers towards their clients shall include:
a. Advising clients as to their legal rights and obligations, and to the working of the legal system in so far as it is relevant to the rights and obligations of their Clients;
b. Assisting clients in every appropriate way, and taking legal action to protect their interests;
c. Assisting clients before courts, tribunals or administrative authorities, where appropriate.
Lawyers shall seek to uphold human rights and fundamental freedoms recognized by national and international law and at all times act freely and diligently in accord with the law and recognized standards of the legal profession.
Lawyers shall always loyally respect the interests of their clients.
Guarantees for the functioning of lawyers
Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.
No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accord with national law and practice.
Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.
It is the duty of the competent authorities to ensure that lawyers have access to appropriate information, files and documents in their possession or control in time to enable lawyers to provide effective legal assistance to their clients and at the
earliest appropriate time.
Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.
Freedom of expression and association
Lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law and human rights and to join or form local, national or international organizations and attend meetings, without suffering professional restrictions. In exercising these rights, lawyers shall always conduct themselves in accord with the law and recognized standards of the profession.
Professional associations of lawyers
Lawyers are entitled to form and join self-governing professional associations to represent their interests, promote continuing education and training and protect professional integrity. The executive body of the professional associations shall be elected by its members and exercise its functions without external interference.
Professional associations of lawyers shall cooperate with Governments to ensure effective and equal access to legal services for all and that lawyers are able, without improper interference, to counsel and assist their clients.
Disciplinary proceedings
Codes of professional conduct are to be established by the legal profession through appropriate organs, or by legislation, in accord with national law and custom and recognized international standards and norms.
Charges or complaints made against lawyers in their professional capacities shall be processed expeditiously and fairly under appropriate procedures. Lawyers have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
Disciplinary proceedings shall be determined in accord with the code of professional conduct and other recognized standards and ethics of the legal profession.
