Professional Rules Applicable to Cleary Gottlieb Steen & Hamilton LLP’s Lawyers Resident in the European Union
A mention of each Cleary Gottlieb lawyer’s bar admission(s) can be found in his/her biography in the “
Our Lawyers” section of this Web site. The following are links to the professional rules applicable to the firm’s lawyers resident in Europe.
European Union
The Code of Conduct for Lawyers in the European Union may be accessed via the Web site of the
CCBE.
Albania
The profession of “avokat” is regulated by Law No. 9109 of July 17, 2003 "
Per Profesionin e Avokatit ne Republiken e Shqiperise", which is available online, only in Albanian. The Albanian National Bar Association (Dhoma Kombetare e Avokatise) has promulgated and maintains the Code of Ethics of the Advocate, which is available only in hard copy form at the Albanian National Bar Association Offices in Tirana. The competent bar authority is the Albanian National Bar Association (Dhoma Kombetare e Avokatise).
Argentina
The profession title “abogado” is used in Argentina.
Competent chamber for attorneys (“abogados”):
The relevant professional rules for “abogados” are:
Ley 23.187 - Requisitos para el ejercicio de la profesión de abogado
en la Capital Federal
Código de Ética
Reglamento Interno
The texts of these documents may be accessed via the Web site of the
Colegio Público de Abogados de la Capital Federal.
Australia (New South Wales and Western Australia)
The professions of “barrister” and “solicitor” are regulated by the relevant professional associations in each state or territory of Australia. In New South Wales the competent bar authorities are the New South Wales Bar Association, for barristers, and the Law Society of New South Wales, for solicitors. The relevant professional rules for barristers are “The New South Wales Barristers’ Rules” and can be found on the website of The New South Wales Bar Association. The relevant professional rules for solicitors are the “Professional Conduct and Practice Rules” and can be found on the website of the Law Society of New South Wales. In Western Australia, the Legal Practice Board has responsibility for the supervision and discipline of all legal practitioners (both barristers and solicitors) in Western Australia. The relevant professional rules are found in the "Legal Practice Act 2003", "Legal Practice Board Rules 2004" and the "Legal Practice Regulations 2005". These can be found on the website of the Legal Practice Board of Western Australia.
Austria
Competent chambers for attorneys (“Rechtsanwältinnen” and “Rechtsanwälte”):
The relevant professional rules for "Rechtsanwälte" are:
- Rechtsanwaltsordnung (RAO)
- Disziplinarstatut für Rechtsanwälte und Rechtsanwaltsanwärter
- Rechtsanwaltstarifgesetz
- Autonome Honorar-Richtlinien
The text of these documents may be accessed via the website of the
Österreichischer Rechtsanwaltskammertag.
Belgium
The profession of “advocaat/avocat” is regulated by Articles 428-508 of the Belgian Judicial Code (Gerechtelijk Wetboek/Code judiciaire) accessible at
www.juridat.be. Professional rules applicable to lawyers who are members of or are registered with the Brussels Bar are available through the following bar associations at:
Canada
In the province of Ontario, the professional conduct of both barristers and solicitors is regulated by the Law Society of Upper Canada by virtue of powers contained in the Law Society Act. The professional and ethical obligations of barristers and solicitors are set out in the Law Society by-laws and the Rules of Professional Conduct, which may be found at
http://www.lsuc.on.ca/regulation/.
Egypt
The profession of “attorney” is regulated by the Egyptian Bar Association under Law No.17 / 1983 amended by the laws No. 227/1984, 10/2002 and 7/2008. These are legislative texts adopted by the people's assembly and can be found in the official journal or any reliable on-line database.
England and Wales
The legal profession in England and Wales is divided into two branches: solicitors and barristers. The professional conduct of solicitors is regulated by The Law Society of England and Wales by virtue of powers contained in the Solicitors Act 1974. The Guide to the Professional Conduct of Solicitors can be found at
www.lawsociety.org.uk. Barristers are regulated by the General Council of the Bar of England and Wales, whose rules and guidance can be found at
www.barcouncil.org.uk.
Finland
The Profession of “advocate” is regulated by the Finnish Bar Association under the administration of the Ministry of Justice (the Advocates Act 496/1958). The professional code of conduct is available at the Web site of the Finnish Bar Association.
France
The Internal Rules of the Paris Bar (Règlement Intérieur du Barreau de Paris) applicable to attorneys (“avocats”) registered with the Paris Bar, are available at
www.avocatparis.org.
Germany
Competent chambers for attorneys (“Rechtsanwältinnen” and “Rechtsanwälte”):
The relevant professional rules for “Rechtsanwälte” are:
- Bundesrechtsanwaltsordnung (BRAO),
- Berufsordnung für Rechtsanwälte (BORA),
- Gesetz über die Vergütung der Rechtsanwältinnen und Rechtsanwälte (Rechtsanwaltsvergütungsgesetz – RVG),
- Fachanwaltsordnung (FAO),
- Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG).
The German text of these documents may be accessed via the Web site of the
Bundesrechtsanwaltskammer.
Competent chamber for tax consultants (“Steuerberater”):
The relevant professional rules for “Steuerberater” are:
- Steuerberatungsgesetz (StBerG),
- Durchführungsverordnung (DVStB),
- Steuerberatergebührenverordnung (StBGebV),
- Berufsordnung der Bundessteuerberaterkammer (BOStB).
The German text of these documents may be accessed via the Web site of the
Bundessteuerberaterkammer (section Downloads/Berufsrecht).
Hong Kong
The profession of “solicitor” is regulated by the Law Society of Hong Kong. The relevant professional rules for solicitors are the “Hong Kong Solicitors’ Guide to Professional Conduct” and can be found on the website of the Law Society of Hong Kong.
India
The professional title ‘advocate’ is used in India. The governing legislation for the legal profession in India is the Advocates Act 1961, which provides for the constitution of the Bar Council of India and bar councils for the states. In addition, the Bar Council of India’s rules set out standards of professional conduct, available at
http://lawmin.nic.in/la/subord/bci_index.htm. Advocates are admitted to the roll of the high court of the state in which they practice.
Ireland
The legal profession in Ireland is divided into two distinct branches: solicitors and barristers. The Law Society of Ireland is the representative and regulatory body of the solicitors profession. Solicitors are governed by the Solicitors Acts, 1954 to 2002 and the Regulations made there under, available at
http://www.lawsociety.ie/. Practicing barristers are subject to the Code of Conduct of the Bar Council of Ireland, available at
http://www.lawlibrary.ie, and are regulated by the Honourable Society of the Kings Inns and the Bar Council of Ireland.
Israel
The professional title “advocate” is used in Israel. The competent authority, the Israel Bar, is regulated by the Bar Association Law, 5721 – 1961, which is available online at
http://www.israelbar.org.il/english_inner.asp?pgId=10166&catId=372.
The relevant professional rules for “advocates” are laid down in the above law, as well as in the Bar Association Rules (Professional Ethics) – 1986, which are available online at
http://www.israelbar.org.il/UpLoadFiles/Israel%20Bar%20Assoc%20ETHICS%202004.doc.
Further information about the Israel Bar may be found at
http://www.israelbar.org.il/english.asp?catId=372.
Italy
The profession of “avvocato” is regulated by numerous Italian laws and government decrees, the main provisions of which can be found in Royal Decree Law No. 1578/1933. The professional code of conduct (Codice Deontologico Forense) applicable to lawyers who are members of or are registered with an Italian Bar is available at
www.consiglionazionaleforense.it.
Japan
The profession of “gaikokuho jimu bengoshi” (registered foreign lawyer) is regulated by the Minister of Justice, the Japan Federation of Bar Associations and the relevant local bar associations. Gaikokuho jimu bengoshi may only provide legal services in regards to the law of their country of primary qualification and that of third countries as designated by the Minister of Justice. The relevant professional rules for gaikokohu jimu bengoshi are the “Basic Rules on the Duties of Practicing Attorneys” and “A Guide to Rules for Foreign Special Members”; both can be found on the website of the Japan Federation of Bar Associations.
Lebanon
The profession of “lawyer” is regulated by the Beiruit and Tripoli Bar Associations. In Beirut the competent bar association is the Beirut Bar Association. A description of the relevant professional rules can be found on the website of the Beirut Bar Association under “Regulations”.
Netherlands
The profession of “advocaat” is regulated by the Advocatenwet, accessible at
www.advocatenorde.nl. Professional rules applicable to lawyers who are members of or are registered with a Dutch Bar are also available at
www.advocatenorde.nl.
New Zealand
The professions of “barrister” and “solicitor” are regulated by the relevant District Law Societies and by the Law Practioners Act 1982. The relevant professional rules are the “Rules of Professional Conduct for Barristers and Solicitors 7th Edition” and can be found on the websites of the regional District Law Societies. The two largest District Law Societies are the Wellington District Law Society and the Auckland District Law Society.
Russian Federation
The profession of “attorney” is not currently regulated (as opposed to the profession of "advocates").
Spain
The profession of "abogado" in Spain is regulated by a Royal Decree of June 22, 2001 (Royal Decree Law No. 658/2001, entitled Estatuto General de la Abogacía Española). The Consejo General de la Abogacía Española is the body coordinating and representing the various Bar Associations existing in Spain. The professional code of conduct (Código deontológico) applicable to lawyers who are registered with a Spanish Bar was approved on June 30, 2000 by the Consejo General de la Abogacía Española. This code, together with the royal decree regulating the profession are available at
www.cgae.es.
Switzerland
The professional representation of clients before courts in Switzerland is regulated by a federal law of June 23, 2000 entitled Bundesgesetz über die Freizügikgeit der Anwältinnen und Anwälte (available at
http://www.admin.ch/ch/d/sr/c935_61.html). In addition, each Canton has adopted implementing laws to the federal law of June 23, 2000.
United States of America
The professional title “attorney at law” is used in the United States of America.
Competent U.S. Bar authorities:
- Appellate Divisions of the Supreme Court of the State of New York (if admitted in the State of New York)
- The District of Columbia Bar (if admitted in the District of Columbia)
- Supreme Court of New Jersey (if admitted in the State of New Jersey)
- The State Bar of California, a public corporation within the judicial branch of government, serving as an arm of the California Supreme Court
- The Colorado Supreme Court
- The Connecticut Superior Court
- The Illinois Supreme Court and the Illinois Attorney Registration and Disciplinary Commission
- The Michigan Supreme Court
- The Texas State Bar, an administrative agency under the administrative control of the Supreme Court of Texas
- The Washington State Supreme Court
The relevant professional rules for attorneys at law are laid down by the individual States in the United States.
- The Lawyer’s Code of Responsibility is applied in New York. It may be accessed via the Web site of the New York State Bar Association.
- The Washington D.C. Rules of Professional Conduct are applied in the District of Columbia. They may be accessed via the Web site of the District of Columbia Bar.
- The Rules of Professional Conduct are applied in New Jersey. The Office of Attorney Ethics acts as the investigative and prosecutorial arm of the Supreme Court of New Jersey in discharging the Court's constitutional responsibility to supervise and discipline New Jersey attorneys. The Rules of Professional Conduct can be found on the website of the New Jersey Courts.
- The California Rules of Professional Conduct are applied in California. They may be accessed via the Web site of the State Bar of California.
- The Colorado Rules of Professional Conduct are applied in Colorado. They may be accessed via the Web site of the Colorado Bar Association.
- The Connecticut Rules of Professional Conduct are applied in Connecticut, and may be accessed via the Web site of the State of Connecticut Judicial Branch.
- The Illinois Rules of Professional Conduct are applied in Illinois, and may be accessed via the Web site of the Illinois Courts.
- The Michigan Rules of Professional Conduct are applied in Michigan, and may be accessed via the Web site of the State Bar of Michigan.
- The Texas Disciplinary Rules of Professional Conduct are applied in Texas, and may be accessed via the Web site of the State Bar of Texas.
- The Washington State Rules of Professional Conduct are applied in Washington State, and may be accessed via the Web site of the Washington Courts.