Suchergebnisse

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

Economic growth since 2001 till 2008 start leaded to higher incomes for both employers and employees, many new jobs were created. The unemployment rate in Lithuania was particularly low, moreover, according to official statistics, nearly half a million people emigrated from Lithuania. Labor market challenges and economic patterns determined the principles of the labor law and the content of the norms, public social and political conditions. Employers, through businesses, noticed that it has become difficult to select and then later to find quality workers. Despote decine of the economy, it appeared that good workers are still missing, it is necessary to keep the highly skilled workers. In order to keep all their employees, the employers used the opportunities of the Labor Code of the Republic of Lithuania and tried to protect their interests in the employment contracts, and often agreed to additional conditions on the contract of employment, since young workers without experience were taken to work and had to be trained, to be developed, investments in their skills had to be done. Employers look for ways to retain them ("tie"), with various arrangements or motivation systems advantages help. Often, for a variety of mechanisms have been discussed in employment contracts - additional conditions of the contract. Often, however, another employer more money proposed to the qualifed worker, and the previous employer usually lost a trained worker – he left to work elsewhere. The working relationship ends, but not every party everrytime agreed to comply the additional responsibilities of the employment contract. To agree on others, named additional conditions in the employment contract provides for Labor Code, Article 95, paragraph 4. These conditions are called additional because they can be not agreed in a contract of employment, but employment contract is still valid. However, if they have already agreed on them, so that additional conditions of the contract are binding on the parties of the contract. The law provides that the additional conditions of employment contract should be such as to prevent a disagreement with labor laws, regulatory legislation or collective agreement. Labor Code Article 94 paragraph 2, directly says, that the parties can not agree on such working conditions, which worsen the situation of workers. However, some employer and employee agreements, such as a non-competition agreement, a commercial secrecy or confidentiality, are signed as separate contracts. The legal opinion about them that they are civil contracts in nature, but inseparable from the work legal relations governed by labor law. Attribution of these agreements to one or other legal relations is essential, since the parties' legal situation depends on it. Case law of such agreements constantly is formed and helps to balance and protect the interests of both parties of the employment contract - employer and employee - and halt the faulty labor law and civil law practices, when the employment contracts or individual agreements for additional conditions between the employer and the employee are concluded.

Economic growth since 2001 till 2008 start leaded to higher incomes for both employers and employees, many new jobs were created. The unemployment rate in Lithuania was particularly low, moreover, according to official statistics, nearly half a million people emigrated from Lithuania. Labor market challenges and economic patterns determined the principles of the labor law and the content of the norms, public social and political conditions. Employers, through businesses, noticed that it has become difficult to select and then later to find quality workers. Despote decine of the economy, it appeared that good workers are still missing, it is necessary to keep the highly skilled workers. In order to keep all their employees, the employers used the opportunities of the Labor Code of the Republic of Lithuania and tried to protect their interests in the employment contracts, and often agreed to additional conditions on the contract of employment, since young workers without experience were taken to work and had to be trained, to be developed, investments in their skills had to be done. Employers look for ways to retain them ("tie"), with various arrangements or motivation systems advantages help. Often, for a variety of mechanisms have been discussed in employment contracts - additional conditions of the contract. Often, however, another employer more money proposed to the qualifed worker, and the previous employer usually lost a trained worker – he left to work elsewhere. The working relationship ends, but not every party everrytime agreed to comply the additional responsibilities of the employment contract. To agree on others, named additional conditions in the employment contract provides for Labor Code, Article 95, paragraph 4. These conditions are called additional because they can be not agreed in a contract of employment, but employment contract is still valid. However, if they have already agreed on them, so that additional conditions of the contract are binding on the parties of the contract. The law provides that the additional conditions of employment contract should be such as to prevent a disagreement with labor laws, regulatory legislation or collective agreement. Labor Code Article 94 paragraph 2, directly says, that the parties can not agree on such working conditions, which worsen the situation of workers. However, some employer and employee agreements, such as a non-competition agreement, a commercial secrecy or confidentiality, are signed as separate contracts. The legal opinion about them that they are civil contracts in nature, but inseparable from the work legal relations governed by labor law. Attribution of these agreements to one or other legal relations is essential, since the parties' legal situation depends on it. Case law of such agreements constantly is formed and helps to balance and protect the interests of both parties of the employment contract - employer and employee - and halt the faulty labor law and civil law practices, when the employment contracts or individual agreements for additional conditions between the employer and the employee are concluded.