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The
Ways and Customs are rules of conduct aimed firstly at members of
the Ordre des avocats fribourgeois. By their tenor, which was to
date value as a going concern, they applied to all lawyers/attorneys
practicing in the Canton of Fribourg. With the coming into effect
of the Federal law on lawyers' free movement (hereafter referred
to as LLCA), they remain of course applicable to members of the
above-mentioned lawyers' association and will hereafter serve as
an aid in interpreting the professional regulations stipulated in
art. 12 LLCA, this law being applicable to all lawyers practicing
in Switzerland.
The
Ways and Customs regulate in a detailed manner the conduct that
a lawyer must maintain in his relations with the authorities, the
public, his clients and his colleagues. They constitute a code of
ethics with the aim of assuring a proper functioning of the practice
of law, and thus, a sound dispensing of justice where the interest
of any party are fairly and validly taken into consideration. This
regulation, foremost associative but of universal bearing, is of
great importance for the lawyer's client who may avail himself of
it and demand that the latter strictly adhere to it when a member
of the Ordre des avocats fribourgeois. It contains, clarifying and
detailing them, the principles rooted by the LLCA (art. 12 and 13),
applicable to all lawyers practicing in Switzerland, for the discharge
of their mandate with care and diligence (art. 17 and 5 of Ways
and Customs), independence (art. 3 par. 2.4, par. 1, 10, 23, 25,
26, 27, 28, 30, 31, 33 and 34 of Ways and Customs) respecting attorney-client
confidentiality (art. 6, 7, 17 par. 1.21 and 36 of Ways and Customs).
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