Code of Ethics of the Legal Professional

The fundamental duties that the profession imposes on every Lawyer are: the defense of justice, respect for the law, dignity, independence, selflessness, collegiality, and the advancement of legal knowledge.

The practice of the legal profession excludes any occupation that restricts independence and is harmful to dignity. (CHAPTER I, FUNDAMENTAL PRINCIPLES).

The private conduct of the Lawyer shall conform to the rules of honor, decency, and dignity that should characterize the honest and just man. (CHAPTER I, FUNDAMENTAL PRINCIPLES).

The Lawyer must maintain impeccable professional honor and decorum. It is not only a right but an indefeasible duty to lawfully combat the immoral conduct of colleagues, judges, and public officials, conduct that must be reported to the Bar Association or to the competent authorities. Those who evade the fulfillment of this duty by adopting a passive, indifferent, or complacent attitude incur serious violation of the discipline and canons that must govern the profession. (CHAPTER I, FUNDAMENTAL PRINCIPLES).

The Lawyer, as a servant of justice and collaborator in its administration, must bear in mind that professional duty consists in defending the rights of the client with diligence and strict adherence to legal and moral norms. (CHAPTER I, FUNDAMENTAL PRINCIPLES).

The Lawyer shall observe with colleagues the courtesy and consideration required by the duties of mutual respect among legal professionals. (CHAPTER I, FUNDAMENTAL PRINCIPLES).

The Lawyer, in defense of justice and truth, shall freely exercise professional duties, subject to the limitations imposed by law and the principles of professional ethics. (CHAPTER I, FUNDAMENTAL PRINCIPLES). CHAPTER II PROFESSIONAL CONDUCT

The conduct of the Lawyer shall be characterized by honesty and candor. The Lawyer shall not advise or execute fraudulent acts, forge or distort facts, make inaccurate, incomplete, or malicious citations, or perform any act that may impede or divert the prompt and efficient administration of justice.

The Lawyer must preserve dignity and independence, especially in relation to clients, and is prohibited from complying with client instructions contrary to the traditions of integrity and honorability of the legal profession. (CHAPTER II, PROFESSIONAL CONDUCT).

The Lawyer who directly or indirectly attempts to execute acts of extortion, bribery, or any other form of corruption toward public officials, or who exercises coercion over them to divert them from the fulfillment of their duty, incurs serious violation against the ethics of the profession. When another Lawyer becomes aware of the fact, the Lawyer has the duty to report it to the Bar Association. (CHAPTER II, PROFESSIONAL CONDUCT).

The Lawyer shall refrain from using unnecessary legal remedies and procedures solely to impede or delay the course of the trial. Likewise, the Lawyer shall abstain from all useless or superfluous assertions. (CHAPTER II, PROFESSIONAL CONDUCT).

The Lawyer may accept or reject matters without explaining the reasons therefor, except in the case of court appointment, in which the Lawyer must justify the excuse. In any case, the Lawyer must intervene in the matter when free to act. (CHAPTER II, PROFESSIONAL CONDUCT).

The Lawyer shall in no case flatter the client with deceptive promises in defense of doubtful matters, and rather must ensure that the rights of others are respected and even repaired when they have been violated, and in any case advise an agreement between the parties in order to avoid judicial disputes. (CHAPTER II, PROFESSIONAL CONDUCT). CHAPTER III PROFESSIONAL PRACTICE

It is the duty of the Lawyer to defend poor persons free of charge by court appointment or by directive of the Bar Association. Failure to fulfill this duty is contrary to the mission of the Lawyer and causes the responsible party to incur serious violation against the moral prestige of the profession.

It is the duty of the Lawyer to accept the defense of a person charged with a crime or offense, without taking into consideration personal opinion regarding the guilt of the accused. In the defense of the accused, the Lawyer is obliged to employ all lawful means within reach, and in appropriate cases to ensure that just punishment is applied. (CHAPTER III, PROFESSIONAL PRACTICE).

The prosecuting attorney must consider that his principal duty is to ensure that justice is done and not to obtain a conviction for the defendant. (CHAPTER III, PROFESSIONAL PRACTICE). CODE

It constitutes disloyalty and a violation of professional ethics to enter into agreements with the opposing party without the knowledge of one's client. The attorney likewise commits a serious violation who, without express consent of his principal, terminates extrajudicially the matter entrusted to him. (CHAPTER III, PROFESSIONAL PRACTICE). CODE

An attorney who has accepted representation of one party cannot in the same matter take on or accept power of attorney from the other party, nor render services to such party in any manner whatsoever, even if he no longer represents the opposing party. (CHAPTER III, PROFESSIONAL PRACTICE). CODE

The formation of a clientele must be based on professional competence and honorability. The attorney must avoid direct or indirect solicitation of clientele, publicity in self-praise of a propagandistic character, and unfair competition. Acts of professional practice executed by members of the Bar that violate the pertinent provisions of the Law of Organization and Attributes of the Courts shall be understood as included within the concept of unfair competition. (CHAPTER III, PROFESSIONAL PRACTICE). CODE

It is unprofessional for an attorney to offer his services gratuitously or to give unsolicited advice on specific matters with the purpose of provoking litigation or obtaining a client, unless ties of kinship or intimate friendship with the interested party impose it upon him as a duty. He shall incur in a serious violation if through malice or inexcusable ignorance he advises the cessation of a frivolous lawsuit. (CHAPTER III, PROFESSIONAL PRACTICE). CODE

It constitutes a violation of professional ethics for an attorney to directly or indirectly pay or reward persons who have recommended a matter to him. An attorney who has knowledge of such a fact must report it to the Bar. (CHAPTER III, PROFESSIONAL PRACTICE). CODE CHAPTER IV PERIODICAL PUBLICATIONS AND PROFESSIONAL SECRECY

The attorney must not use the written or spoken press to discuss matters entrusted to him nor give publicity to documents of the case file in pending trials, unless it is necessary to correct concepts or errors when justice or morality require it. Once the process is concluded, the attorney may publish documents and proceedings with his comments thereon, in a measured and impartial manner. The foregoing does not include studies or comments made in professional publications which must be governed by the general principles of ethics. If the publication would harm any person or persons in their honor and good reputation, proper names must be omitted. CODE

The attorney must maintain the strictest professional secrecy, even after ceasing to render services to the client. The attorney has the right to refuse to testify against his client and may refrain from answering any question that involves the revelation of secrecy or violation of confidences imparted to him by his client. Neither may the attorney communicate to third parties what he may learn by reason of his profession, judicial functions, or administrative functions. All matters that an attorney discusses with the representative of the opposing party, or learns by reason of his status as a judicial or public administration officer, shall be included within professional secrecy. (CHAPTER IV, PERIODICAL PUBLICATIONS AND PROFESSIONAL SECRECY). CODE

The duty to maintain professional secrecy extends to confidences made by third parties to the attorney by reason of his profession and those derived from conversations necessary to reach a settlement that does not materialize. The secrecy must also comprise confidences of colleagues. The attorney must not intervene in matters that may lead him to reveal a secret, nor to use for his own benefit or that of his client the confidences he may have received in the exercise of his profession unless he obtains prior written consent from the confiding party. The foregoing prohibition extends to secrets that the attorney learns through his associates, employees, or their dependents. (CHAPTER IV, PERIODICAL PUBLICATIONS AND PROFESSIONAL SECRECY). CODE

An attorney who is judicially accused by a client shall be released from maintaining professional secrecy to the extent necessary for his own defense. (CHAPTER IV, PERIODICAL PUBLICATIONS AND PROFESSIONAL SECRECY). CODE CHAPTER V THE ATTORNEY BEFORE THE AUTHORITIES

The attorney must lend his support to the judiciary, maintaining a respectful attitude toward it but without prejudice to his own independence and autonomy in the exercise of his profession. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

The attorney in his written documents, reports, and oral interventions may criticize institutions as well as resolutions and acts of the Magistrates who intervened in the trial, when, in his opinion, they have not correctly applied the laws, making his criticism in a decorous manner and using the qualifications contained in the laws or authorized by legal doctrine. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

It is the duty of the attorney to endeavor, through his Bar Association, that the appointment of judicial officers be made exclusively on the basis of fitness and aptitude for the position regardless of other considerations. The attorney must also denounce to the Bar Association those cases in which judicial officers do not possess the legal conditions for performance of their position, as well as when they engage, directly or indirectly, in professional activities outside those of the judiciary. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

When there exists a grave reason for complaint against a judicial officer, the attorney must present it to the Bar Association so that it may assume the attitude it deems necessary or convenient. The provisions of this article and the preceding one are also applicable to other officers before whom the attorney acts in the exercise of his profession. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

When an attorney holds a judicial position or other legal office, and withdraws from it, he may accept matters in which he had knowledge as a public official, except in criminal trials that he had not elevated to full tribunal. He also shall not represent matters similar to those in which he had issued an adverse opinion in his official capacity, unless he satisfactorily justifies his change of opinion. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

Every Attorney must refrain from exercising influence over a public official by invoking political, religious, or friendship ties, nor use recommendations from hierarchical superiors to pressure the official's independence, thereby deviating the impartiality of their actions; the Attorney is obligated to employ only persuasive means founded in law and in legal logic reasoning. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

It constitutes a serious violation of ethics to have communications with Magistrates, Representatives of the Public Ministry, or officials, in the absence of the Attorney of the opposing party, in relation to a pending lawsuit, or a matter that is being handled, offering arguments or considerations in favor of the cause being represented. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

No Attorney shall permit that his services or his name be used by persons not legally authorized to practice the profession. It constitutes a lack of propriety in the Attorney to sign a case file concerning written documents in whose preparation or drafting he has not participated. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

It is the duty of the Attorney to be punctual in the Courts, with his colleagues, his clients, and the opposing party. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES). CODE

When an Attorney cannot attend a judicial proceeding in a case under his charge, for justifiable cause, he shall request the Judge to postpone the proceeding and shall communicate the fact in a timely manner to the opposing party, which shall be obligated to request the postponement in view of his colleague's petition. (CHAPTER V, THE ATTORNEY BEFORE THE AUTHORITIES).

CODE CHAPTER VI RELATIONS OF THE ATTORNEY WITH HIS CLIENTS

The Attorney shall serve his clients with diligence and care to assert their rights without fear of provoking the ill will or reprisals of the authorities or private parties. However, he shall not renounce his freedom of action nor fail to obey his conscience, and he cannot exonerate himself from an unlawful act on his part by attributing it to instructions of his client. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS). CODE

The relations between the Attorney and his client shall always be personal or through intermediaries legally authorized, since responsibility is direct; consequently, he shall not accept matters through agents except when it is a matter of service institutions that provide legal and free assistance to the poor. Service to a legal entity does not obligate the Attorney to provide it to the individual members of that entity. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS). CODE

The Attorney upon being contracted for a lawsuit shall inform his client of the relations he has with the other party, as well as any interest that he may have in the controversy, and shall declare that he is subject to influences that may be adverse to the interests of his client. If the client wishes to hire his services anyway, it shall be with knowledge of such facts. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS). CODE

The Attorney must not forget that the right of representation is granted to him in consideration of his title and empowers him to act not for his own benefit but exclusively for that of his client. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS). CODE

When the Attorney has undertaken a matter, he may not withdraw except for a supervening justified cause that affects his reputation, propriety, or scruples of conscience, or that may imply non-compliance with the moral or material obligations of the client toward the Attorney. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS). CODE

The Attorney must endeavor to ensure that his client maintains a correct and respectful attitude toward both the Magistrates and officials and toward the Attorney of the opposing party and toward third parties who intervene in the lawsuit. If the client persists in his incorrect conduct, the Attorney shall renounce his power of attorney. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS).

CODE

When an Attorney discovers in the course of a lawsuit that an error or fraud has occurred through which his client benefits unjustly, he shall communicate such fact to him so that it may be corrected. In the event that his client refuses, the Attorney shall renounce the representation. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS). CODE

If in the course of a matter, the Attorney believes that he should cease providing his services to his client, he must communicate this in a timely manner so that the client may hire another professional if he deems it convenient to his interests and shall endeavor to ensure that the client is not left without legal representation. (CHAPTER VI, RELATIONS OF THE ATTORNEY WITH HIS CLIENTS). CODE CHAPTER VII FEES

The Attorney, when making the estimation of his fees, shall consider that the fundamental object of the profession is to serve justice and not to obtain profit exclusively. (CHAPTER VII. FEES). The advantage or compensation, although undoubtedly lawful, constitutes a secondary aspect of the profession. The Attorney shall ensure that his compensation does not err by excess nor by defect. CODE

To determine the amount of conventional fees, that is if they are not fixed in the Fee Schedule, the Attorney shall take into consideration the following circumstances: 1° The importance of the matter and the services rendered. 2° The amount in dispute in the case. 3° If possible, the success to be obtained. 4° The novelty or complexity of the disputed legal problems. 5° His experience and reputation. 6° The economic situation of the client, taking into consideration that poverty obligates charging lower fees and sometimes none. 7° The possibility that the Attorney may be prevented from handling other matters or that he may be obligated to be in disagreement with other clients or third parties. 8° Whether the professional services are occasional or fixed and permanent.

9° The responsibility that the Attorney undertakes in relation to the matter. 10. The time required in the representation. 11. The degree of participation of the Attorney in the study, arguments, and development of the matter. 12. Whether the Attorney has acted as Counsel to the client or as attorney-in-fact. 13. Whether the services were rendered at the Attorney's office or outside of it. (CHAPTER VII. FEES). CODE

The Lawyer must always request from his client a provision for the necessary expenses and costs of litigation; however, that delivery must not be considered as attributable to fees, nor may the Lawyer regard it as his own property. If funds from expenses remain, the Lawyer must return the balance with a detailed accounting of the expenditures. He incurs in serious misconduct if he receives funds on account of work promised and not performed. (CHAPTER VII. FEES).

The Lawyer must give receipts to his clients for all deliveries of money made as advance or payment of fees or as expenses. (CHAPTER VII. FEES).

The Lawyer must execute a written contract with the client in which he shall specify the conditions of the services and everything relating to the payment of fees and expenses, and it shall be signed by the Lawyer and the client, each retaining a copy thereof. (CHAPTER VII. FEES).

The Lawyer shall endeavor to avoid all controversy with his client regarding his fees insofar as this is compatible with his professional dignity and his right to receive reasonable compensation for his services. In case a controversy arises, it is recommended that the Lawyer propose arbitration by the Board of Directors of the Bar Association, and if such arbitration is carried out, the Lawyer shall accept the decision without any objection. (CHAPTER VII. FEES).

The Lawyer must immediately notify his client of any sum of money or property that he receives in his representation, which he must deliver immediately upon request. The Lawyer must not make use of funds belonging to his client without the consent of the latter. (CHAPTER VII. FEES).

Among Lawyers there must exist a spirit of fraternity and mutual respect, which ennobles the profession. In their relations and conduct, they must refrain from malicious, injurious, or defamatory expressions or from making allusions to personal, professional, ideological, political, or other antecedents, and from all provocation and threat. Likewise, from all hostile attitudes. The Lawyer must be courteous with his colleagues and help them in the resolution of momentary difficulties when, due to causes not attributable to them such as unavoidable absences, illness, or force majeure, they cannot attend to their clients. He must not depart, even at the insistence of his clients, from the dictates of decency and honor. (CHAPTER VIII. RELATIONS OF THE LAWYER WITH HIS COLLEAGUES).

Arrangements or settlements with the opposing party must always be dealt with through or by means of his legal representative. (CHAPTER VIII. RELATIONS OF THE LAWYER WITH HIS COLLEAGUES).

Every Lawyer who is requested to take on a matter must assure himself, before accepting, that no colleague has previously been engaged in the same. If he substitutes for a colleague, he must verify that the latter has resigned his representation. However, in urgent cases, the Lawyer may provide his services on the condition that he rapidly inform the President of the Bar Association. (CHAPTER VIII. RELATIONS OF THE LAWYER WITH HIS COLLEAGUES).

When a Lawyer is to substitute for a colleague previously engaged in the matter or in related matters, he must offer his good offices so that the colleague may obtain the just remuneration due to him, and if he fails to ensure that the client pays his colleague, he must refuse to provide his services. (CHAPTER VIII. RELATIONS OF THE LAWYER WITH HIS COLLEAGUES).

Tacit arrangements agreed upon between Lawyers must be faithfully performed, even if they do not conform to legal formulas. Those that are important for the client must be in writing; but professional honor requires that when this is not done, they be performed as if they had been incorporated in an instrument. (CHAPTER VIII. RELATIONS OF THE LAWYER WITH HIS COLLEAGUES).

The distribution of fees among Lawyers is permitted only in cases of association for the provision of services, sharing the corresponding responsibilities. (CHAPTER VIII. RELATIONS OF THE LAWYER WITH HIS COLLEAGUES).

It is the duty of the Lawyer to support the Bar Association to which he belongs, working with enthusiasm and exerting his personal efforts so that the entity achieves the required success. Any tasks or positions assigned to him as a member of committees must be accepted and executed, excusing himself only for justified reasons. (CHAPTER VIII. RELATIONS OF THE LAWYER WITH HIS COLLEAGUES).

Attorneys-in-fact and any other persons who exercise public faith in judicial matters are equally obligated to comply with these ethical principles, insofar as they relate to their functions. (CHAPTER IX. OTHER PROVISIONS).

Without prejudice to the provisions contained in the Law on the Organization and Powers of the Courts, for the effectiveness of this Code, the Bar Association shall supervise the conduct of legal professionals in any sphere in which they act and of whatever rank they may be, to make the appropriate steps, whether in the private or official order, in order to obtain the amendment of those who commit irregular acts or who observe scandalous conduct, until obtaining the suspension of the guilty party in the exercise of the profession, if necessary. (CHAPTER IX. OTHER PROVISIONS).

Everything stated in this Code with respect to the conduct of the Lawyer shall be understood as applicable to other members and persons who practice as attorneys. (CHAPTER IX. OTHER PROVISIONS).

This Code shall be in effect from this date. Tegucigalpa, D. C., April 30, 1966.