Lawyers participate in justice implementation, represent and protect legal interests of his/her clients in the court, state or municipal institutions or other organizations. Professional activities of a lawyer require to follow legal and moral obligation to the client, a lawyer profession, society, courts and other institutions where he/she protects clients' interests, represent them and act the behalf of a client. A lawyer must protect professional honour and dignity, not to discredit a lawyer name, the given oath and the idea of justice. The article presents the examined essential principles in society of a lawyer role embedded in international legal acts. The article identifies lawyer rights and security in the relationships with clients and other state institutions, examines the contents of a lawyer right to join professional associations, presents legal proceedings of a disciplinary case and peculiarities of application of a lawyer legal responsibility and reveals the contents of a lawyer right to judicious compensation.
Lawyers participate in justice implementation, represent and protect legal interests of his/her clients in the court, state or municipal institutions or other organizations. Professional activities of a lawyer require to follow legal and moral obligation to the client, a lawyer profession, society, courts and other institutions where he/she protects clients' interests, represent them and act the behalf of a client. A lawyer must protect professional honour and dignity, not to discredit a lawyer name, the given oath and the idea of justice. The article presents the examined essential principles in society of a lawyer role embedded in international legal acts. The article identifies lawyer rights and security in the relationships with clients and other state institutions, examines the contents of a lawyer right to join professional associations, presents legal proceedings of a disciplinary case and peculiarities of application of a lawyer legal responsibility and reveals the contents of a lawyer right to judicious compensation.
Lawyers participate in justice implementation, represent and protect legal interests of his/her clients in the court, state or municipal institutions or other organizations. Professional activities of a lawyer require to follow legal and moral obligation to the client, a lawyer profession, society, courts and other institutions where he/she protects clients' interests, represent them and act the behalf of a client. A lawyer must protect professional honour and dignity, not to discredit a lawyer name, the given oath and the idea of justice. The article presents the examined essential principles in society of a lawyer role embedded in international legal acts. The article identifies lawyer rights and security in the relationships with clients and other state institutions, examines the contents of a lawyer right to join professional associations, presents legal proceedings of a disciplinary case and peculiarities of application of a lawyer legal responsibility and reveals the contents of a lawyer right to judicious compensation.
Lawyers participate in justice implementation, represent and protect legal interests of his/her clients in the court, state or municipal institutions or other organizations. Professional activities of a lawyer require to follow legal and moral obligation to the client, a lawyer profession, society, courts and other institutions where he/she protects clients' interests, represent them and act the behalf of a client. A lawyer must protect professional honour and dignity, not to discredit a lawyer name, the given oath and the idea of justice. The article presents the examined essential principles in society of a lawyer role embedded in international legal acts. The article identifies lawyer rights and security in the relationships with clients and other state institutions, examines the contents of a lawyer right to join professional associations, presents legal proceedings of a disciplinary case and peculiarities of application of a lawyer legal responsibility and reveals the contents of a lawyer right to judicious compensation.
The article analyzes the attitide of Lithuanian lawyers (advocates) towards the peaceful settlement of disputes and mediation, which are embedded in Lithuanian law, are started to be applied in practice in Lithuanian courts (judicial mediation) since year 2005, but hardly find proper place in practice of Lithuanian lawyers. The publication contains brief theoretical analysis on role of a lawyer in mediation (lawyer-mediator, lawyer-neutral adviser and lawyer-party representative), their different functions. Also the necessity of additional education for lawyers in the field of alternative dispute resolution is highlighted. Afterwards the article presents a survey on attitide of Lithuanian advocates towards peaceful settlement of disputes and mediation. This survey was performed in 2015 at the General meeting of Lithuanian advocates. 354 advocates participated in the survey. The conducted survey examines issues of lawyers' knowledge about mediation, their use of mediation in practice and reasons for non-use. Based on the survey findings proposals for measures that could encourage the advocates to have more favorable attitude to the peaceful settlement of disputes and mediation, making these advanced processes natural and priority-order way of dispute resolution, were formulated.
The article analyzes the attitide of Lithuanian lawyers (advocates) towards the peaceful settlement of disputes and mediation, which are embedded in Lithuanian law, are started to be applied in practice in Lithuanian courts (judicial mediation) since year 2005, but hardly find proper place in practice of Lithuanian lawyers. The publication contains brief theoretical analysis on role of a lawyer in mediation (lawyer-mediator, lawyer-neutral adviser and lawyer-party representative), their different functions. Also the necessity of additional education for lawyers in the field of alternative dispute resolution is highlighted. Afterwards the article presents a survey on attitide of Lithuanian advocates towards peaceful settlement of disputes and mediation. This survey was performed in 2015 at the General meeting of Lithuanian advocates. 354 advocates participated in the survey. The conducted survey examines issues of lawyers' knowledge about mediation, their use of mediation in practice and reasons for non-use. Based on the survey findings proposals for measures that could encourage the advocates to have more favorable attitude to the peaceful settlement of disputes and mediation, making these advanced processes natural and priority-order way of dispute resolution, were formulated. ; Straipsnyje analizuojamas Lietuvos advokatų požiūris į taikų ginčų sprendimą ir mediaciją, vis plačiau įtvirtinamus mūsų valstybės teisės aktuose, teismų veikloje (teisminė mediacija), tačiau sunkiai atrandančius vietą advokatų praktikoje. Publikacijoje pateikiama advokato vaidmens mediacijoje teorinė analizė, nagrinėjamas advokato-mediatoriaus, advokato-neutralaus patarėjo bei advokato-šalies atstovo statusas mediacijos procese. Straipsnyje yra pristatomi 2015 m. atliktos Lietuvos advokatų apklausos apie advokatų taika užbaigiamus ginčus, jų žinias apie mediaciją, mediacijos naudojimą praktikoje bei nesinaudojimo mediacijos procedūra priežastis rezultatai. Tyrimo rezultatų pagrindu daromos išvados ir teikiami siūlymai dėl priemonių, kurios galėtų paskatinti advokatų palankesnio požiūrio į taikų ginčų sprendimą bei mediaciją formavimą, padaryti šiuos pažangius procesus natūralia bei prioritetine tvarka advokato klientui siūloma alternatyva ginčo sprendimui teisme.
Authors of the present article analyze legislation of the European Union on provision of legal services in another EU member state. This article also examines case law of the Court of Justice of the European Communities, consequently revealing problems of applying the analyzed legislation in practice. The authors pay special attention to the analysis of the norms, provided in the Law on Advocacy of the Republic of Lithuania, which are related to establishment and provision of services of other EU member states in the Republic of Lithuania, and critically evaluate the compliance of certain norms of the Law to the requirements of the European Union legislation.
Authors of the present article analyze legislation of the European Union on provision of legal services in another EU member state. This article also examines case law of the Court of Justice of the European Communities, consequently revealing problems of applying the analyzed legislation in practice. The authors pay special attention to the analysis of the norms, provided in the Law on Advocacy of the Republic of Lithuania, which are related to establishment and provision of services of other EU member states in the Republic of Lithuania, and critically evaluate the compliance of certain norms of the Law to the requirements of the European Union legislation.
Crime and its control problem is one of the most complicated research and practice problems. Fundamental scientific researches make basis to applied crime control researches and the latter makes an effective influence on practice that is peculiar to every country. What is being done in this sphere in Lithuania? In 1994-1997, the Law Academy of Lithuania together with the Institute of Law, the Institute of Forensic Sciences, Law Faculty of Vilnius University conducted research programme "Crime and Criminal Justice". 143 As the experts of the Lithuanian Science Academy and the State Fund of Sciences and the State Fund of Science and Study stated, the programme answered its purpose, i.e. a preparation of concepts, programmes, normative act drafts and other suggestions how to make crime control in Lithuania more effective to the Seimas, Government and institutions of criminal justice of the Republic. The conducted researches form good fundamentals to develop and deepen research in crime control, as the results of scientific research are not to follow after the events, their main aim is to prepare a crime prognostic model and future vision of criminal justice. Therefore, the future project of the research programme " Crime Prognosis in Lithuania and Perspectives of its Control" has been prepared. Lithuanian researchers – lawyers having compiled significant experience, gained their knowledge taking into consideration achievements of Eastern and Western science – can resolve to start a complicated and much work demanding complex research on crime prognosis and criminal justice. That is a strategic task to the Lithuanian science and researchers. The research programme is going to be conducted in four trends: The first trend – research on crime prognosis and taking it into consideration, creation of crime prevention model. The second trend – research on criminal, administrative and civil law development, with regard to crime prognosis, about the future criminal, administrative and civil law in the context of crime qualitative and quantitative changes. This trend can be called "Crime Prognosis and Means of Criminal, Administrative and Civil Law I nfluence for its Control". The third trend will cover the research in the spheres of criminal process and criminalistics, taking into consideration crime prognosis. Relatively it can be called "Crime Prognosis and I nvestigation". The fourth trend will cover the research on systems of law enforcement institutions and functions modelling. Researchers working under this trend should answer the question how law enforcement institutions should be structured, what model of their functions and subordination should be. Relatively this trend can be called "Crime Prognosis and Modelling of Criminal Justice Organisation". We consider it to be purposeful to conduct the research on problems of criminology, criminal law, criminal process, criminalistics, criminal justice according to co-ordinated programmes, agreements between different research and study institutions in the framework of corresponding European Union programmes conducting joint projects to analyse complex interdisciplinary scientific problems.
Crime and its control problem is one of the most complicated research and practice problems. Fundamental scientific researches make basis to applied crime control researches and the latter makes an effective influence on practice that is peculiar to every country. What is being done in this sphere in Lithuania? In 1994-1997, the Law Academy of Lithuania together with the Institute of Law, the Institute of Forensic Sciences, Law Faculty of Vilnius University conducted research programme "Crime and Criminal Justice". 143 As the experts of the Lithuanian Science Academy and the State Fund of Sciences and the State Fund of Science and Study stated, the programme answered its purpose, i.e. a preparation of concepts, programmes, normative act drafts and other suggestions how to make crime control in Lithuania more effective to the Seimas, Government and institutions of criminal justice of the Republic. The conducted researches form good fundamentals to develop and deepen research in crime control, as the results of scientific research are not to follow after the events, their main aim is to prepare a crime prognostic model and future vision of criminal justice. Therefore, the future project of the research programme " Crime Prognosis in Lithuania and Perspectives of its Control" has been prepared. Lithuanian researchers – lawyers having compiled significant experience, gained their knowledge taking into consideration achievements of Eastern and Western science – can resolve to start a complicated and much work demanding complex research on crime prognosis and criminal justice. That is a strategic task to the Lithuanian science and researchers. The research programme is going to be conducted in four trends: The first trend – research on crime prognosis and taking it into consideration, creation of crime prevention model. The second trend – research on criminal, administrative and civil law development, with regard to crime prognosis, about the future criminal, administrative and civil law in the context of crime qualitative and quantitative changes. This trend can be called "Crime Prognosis and Means of Criminal, Administrative and Civil Law I nfluence for its Control". The third trend will cover the research in the spheres of criminal process and criminalistics, taking into consideration crime prognosis. Relatively it can be called "Crime Prognosis and I nvestigation". The fourth trend will cover the research on systems of law enforcement institutions and functions modelling. Researchers working under this trend should answer the question how law enforcement institutions should be structured, what model of their functions and subordination should be. Relatively this trend can be called "Crime Prognosis and Modelling of Criminal Justice Organisation". We consider it to be purposeful to conduct the research on problems of criminology, criminal law, criminal process, criminalistics, criminal justice according to co-ordinated programmes, agreements between different research and study institutions in the framework of corresponding European Union programmes conducting joint projects to analyse complex interdisciplinary scientific problems.
This paper presents an overview of legal aspects of the Information Society, especially, the role of the governments and new law regulation problems. It considers also what impact has for lawyers new information technology and artificial intelligence. The paper suggests (hat law can support Information Society formation processes or to be the obstacle for such processes. It is necessary as soon as possible to break the monopoly of telecom and to liberalize the market of integrated services. It is also necessary to establish the legal status of electronic documents and solve legal problems in order to protect documents and data in computer networks. It is especially important to avoid the split in the society into skilled professionals and "computer unliterate" people which are unable to work and even to live in new conditions. This problem is a great challenge for Government. The Government has responsibility also for solving other legal regulation problem which hinder to form Information Society. Lawyers must change their work style too. Artificial Intelligence (AI) plays an important role in this process because the legal knowledge is very complex, formalized in great degree and legal reasoning is logically based and uses precedents. AI can be helpful in order to conceptualize and to compare different law theories. It enables to use computers in knowledge management and can support the legislative engineering processes.
This paper presents an overview of legal aspects of the Information Society, especially, the role of the governments and new law regulation problems. It considers also what impact has for lawyers new information technology and artificial intelligence. The paper suggests (hat law can support Information Society formation processes or to be the obstacle for such processes. It is necessary as soon as possible to break the monopoly of telecom and to liberalize the market of integrated services. It is also necessary to establish the legal status of electronic documents and solve legal problems in order to protect documents and data in computer networks. It is especially important to avoid the split in the society into skilled professionals and "computer unliterate" people which are unable to work and even to live in new conditions. This problem is a great challenge for Government. The Government has responsibility also for solving other legal regulation problem which hinder to form Information Society. Lawyers must change their work style too. Artificial Intelligence (AI) plays an important role in this process because the legal knowledge is very complex, formalized in great degree and legal reasoning is logically based and uses precedents. AI can be helpful in order to conceptualize and to compare different law theories. It enables to use computers in knowledge management and can support the legislative engineering processes.
The profession of the lawyer is subject to additional and more demanding standards of professional conduct. Lawyer-client fiduciary relationship determines that attorney's fee is a matter of professional ethics. Most discussions occur regarding the contingence of the attorney. In some jurisdictions, the contingency fee is allowed and, in some jurisdictions, it is restricted. Especially in the United States, the majority of cases for compensation for heath injury are based on the contingency fee basis. The Code of Conduct for Lawyers in the European Union prohibits agreements with lawyers on the contingency fee basis, socalled pactum de quata litis. The main advantage of the contingence fee agreement is that the right to justice is guaranteed, as indigent persons have a possibility to employ any attorney and do not need to pay for the attorney in advance. The person is obliged to pay to his/her attorney only when the case is successful. Therefore access to justice is not hindered due to lack of finances. The main drawback of the contingency fee is its size. A lawyer may agree with a client on the attorney fees which are disproportionately high in comparison with the attorney's time spent on the case. This is illustrated by landmark Lithuanian cases against the Marijampolė hospital where the Court of Attorney Ethics declared that the attorney fee equal to 50 % of the outcome of the case is too high. Even though the contingence fee has drawbacks, it should be allowed because, in any case, the attorney fee must be reasonable. But reasonableness is not always enough, therefore it would be recommended to have more detailed regulation of the contingence fee. The legislation should be also clearer and foresee a possibility to get the attorney contingency fee awarded from the losing party. [.]
The profession of the lawyer is subject to additional and more demanding standards of professional conduct. Lawyer-client fiduciary relationship determines that attorney's fee is a matter of professional ethics. Most discussions occur regarding the contingence of the attorney. In some jurisdictions, the contingency fee is allowed and, in some jurisdictions, it is restricted. Especially in the United States, the majority of cases for compensation for heath injury are based on the contingency fee basis. The Code of Conduct for Lawyers in the European Union prohibits agreements with lawyers on the contingency fee basis, socalled pactum de quata litis. The main advantage of the contingence fee agreement is that the right to justice is guaranteed, as indigent persons have a possibility to employ any attorney and do not need to pay for the attorney in advance. The person is obliged to pay to his/her attorney only when the case is successful. Therefore access to justice is not hindered due to lack of finances. The main drawback of the contingency fee is its size. A lawyer may agree with a client on the attorney fees which are disproportionately high in comparison with the attorney's time spent on the case. This is illustrated by landmark Lithuanian cases against the Marijampolė hospital where the Court of Attorney Ethics declared that the attorney fee equal to 50 % of the outcome of the case is too high. Even though the contingence fee has drawbacks, it should be allowed because, in any case, the attorney fee must be reasonable. But reasonableness is not always enough, therefore it would be recommended to have more detailed regulation of the contingence fee. The legislation should be also clearer and foresee a possibility to get the attorney contingency fee awarded from the losing party. [.]
The profession of the lawyer is subject to additional and more demanding standards of professional conduct. Lawyer-client fiduciary relationship determines that attorney's fee is a matter of professional ethics. Most discussions occur regarding the contingence of the attorney. In some jurisdictions, the contingency fee is allowed and, in some jurisdictions, it is restricted. Especially in the United States, the majority of cases for compensation for heath injury are based on the contingency fee basis. The Code of Conduct for Lawyers in the European Union prohibits agreements with lawyers on the contingency fee basis, socalled pactum de quata litis. The main advantage of the contingence fee agreement is that the right to justice is guaranteed, as indigent persons have a possibility to employ any attorney and do not need to pay for the attorney in advance. The person is obliged to pay to his/her attorney only when the case is successful. Therefore access to justice is not hindered due to lack of finances. The main drawback of the contingency fee is its size. A lawyer may agree with a client on the attorney fees which are disproportionately high in comparison with the attorney's time spent on the case. This is illustrated by landmark Lithuanian cases against the Marijampolė hospital where the Court of Attorney Ethics declared that the attorney fee equal to 50 % of the outcome of the case is too high. Even though the contingence fee has drawbacks, it should be allowed because, in any case, the attorney fee must be reasonable. But reasonableness is not always enough, therefore it would be recommended to have more detailed regulation of the contingence fee. The legislation should be also clearer and foresee a possibility to get the attorney contingency fee awarded from the losing party. [.]
