What are the “personal data” and who is under defense of the attorney secrets…

We, the attorneys of the Law firm “Scheglov and partners” carefully treat any personal information of our clients. The personal information for us is any information connected with the name of those who referred to us to get the legal services.

Moreover, we as the attorneys (unlike the lawyers who doesn`t have this status) are obliged not disclose information that become known to us at time of rendering the legal aid to our clients and defendants. Also we have no right to give testimony as the witnesses in the circumstances that became known for us while implementing the functions of defender or representative.

The noted obligation of the attorneys is provided by valid legislation.

This rule is strictly considering by all the attorneys and colleagues of our Bureau. In this aims the special contract about keeping the mode of confidentiality is developed in the Bureau.

We consider it our duty to bring to the attention of those who only decide on the possibility of providing us trust the Contract in order to acquaint them with the policy of the Bureau about personal data.

  The statement about the data trusted to the Bureau

 Our policy connected with keeping and using the personal data of our clients consist of two main rules.

1.      The necessity in providing us the full information about the case.

While we work on a definite case we may have a necessity to use the personal data of our client for more effective representation f his interests. The information provided by the client should be truth and complete. This will help us to understand the right image about the case and to choose the right strategy of the work with the case. In case if we will see that some of information that was given us previously by the client may harm him in the court or in investigation we will always prevent our client and will warn him from the actions that may harm him.

2.      Safety and keeping the information trusted us.

We understand the desire of our clients to be confident in safety and keeping of their personal data. That is why we provide our clients the line of warranties of defense of their personal data.

  Our warranties are the next:

 1.      The attorney`s code does not permit us neither to publicize the personal data of our clients nor to use them in our purposes. If we will breach the attorney`s code wemay loose our attorney`s status.

2.      The law also forbids the investigation agencies and the courts to interrogate the attorneys about the data connected their clients and became known them while rendering the service of representative or defender.

3.      Our duty is to provide the safety and inaccessibility of personal data of our clients. All the documents on the cases of our clients that our colleagues lead are keeping in the closed safes. The office is equipped by the safety system that consists of system of surveillance system and the signaling that is under the control of the duty. Inside the office during confidential interviews with the clients used special equipment that prevents eavesdropping and recording.

4.      If necessary we provide special privacy mode for the client while negotiations with the attorney - the isolated rooms for the interviews.

5.      Clients' personal data are only used for direct filling of the documents, applications, getting the inquiries and no other actions.

6.      We reserve our right to disclose personal data of the clients only to our partners (who are also keeping the obligations of confidentiality), but only if it is necessary for successful solutions of the orders of our clients. 

  The warranties of the attorney`s independence

  I.                   The law “About the advocate`s activity and advocacy in Russian Federation” art. 18 

1.      Interference in the advocate`s activity exercised in accordance with the laws or interference with these activities by any means is prohibited.

2.      The attorney cannot be engaged to any liability (including, after the suspension or termination of the status of the attorney) for expression of advocate`s opinion while implementation the advocate`s activity, unless the guilt of the attorney in criminal action (or inaction) will be set by the entered into the force law. These restrictions do not apply to civil liability of the attorney in front of the trustee in accordance with this Federal Law.

3.      Vindication of information related to the rendering of legal assistance in specific cases from the attorneys, lawyers or chambers of the Federal Chamber of Lawyers, is not allowed.

II.                The Code of Professional Attorney`s Ethics, art.6.

1.      There is no trust to the attorney without confidence in the keeping the secret. The professional secret of the attorney represents the immunity of the client that is provided to the last-mentioned by the Constitution of Russian Federation.

2.      The professional secret of the attorney is absolute priority of the attorney`s activity. The term of the secret keeping is not limited in the time.

3.      Nobody can release the attorney from the obligation to keep the secret except client.

4.      Without client`s agreement the attorney can use the known information in that size that is considered necessary for foundation his position  in regarding the civil dispute between him and client or for own defense in the disciplinary proceedings or criminal proceedings against him.

5.      The rules of keeping the professional secret are spread for:

a.       The fact of reference to the attorney including the names of the clients;

b.      All the proofs and documents gathered by the attorney in the process of preparation to the case;

c.       The information that the attorney have got from the clients;

d.      The information about the client that became known to the attorney in the process of implementation of legal support;

e.       The content of legal advices that were given to the client or that are reserved for him;

f.       All the law proceedings;

g.      The conditions of the agreement about legal support between the attorney and the client including the money payment;

h.      Any other data connected with the implementation of legal support by the attorney.

6.      The attorney has no right to give testimony about the circumstances that became known to him in the process of implementation the professional obligations.

7.      The attorney can`t transfer the right of the money requirement to the client according to the concluded between them agreement to anybody.

8.      The attorneys who implement the mutual professional activity according to the partner`s agreement while implementing the legal support should be leaded by the rule of spread of the secret to all the partners.

9.      In the aims of keeping the professional secret the attorney should keep records separately from the materials and documents belonging to the client. The materials involved in the consist of attorney`s activities on the case and the correspondence with the client should be defined as belonging or coming from the attorney by the clear and not ambiguous way.

10.  The rules of keeping the professional secret are spread for the assistants and trainees of the attorney and for the other workers of the law structures.

 

Contact Us

Полное наименование:
Некоммерческое партнёрство Адвокатское бюро "Щеглов и Партнеры".

Наш адрес:
Москва, 129110, Проспект Мира, 54.

Телефон/факс:
+ 7 (495) 961-00-19 (многоканальный).

Электронная почта: info@advokats.ru



Услуги