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 “Professionals” 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). 

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 (http://www.lsuc.on.ca/with.aspx?id=1070) and the Rules of Professional Conduct (http://www.lsuc.on.ca/with.aspx?id=671). 

Colombia 

The profession of “abogado” in Colombia is regulated by Legislative Decree 196 of February 12, 1971 (entitled Estatuto del Ejercicio de la Abogacía). The Consejo Superior de la Judicatura is the body in charge of supervising the exercise of the legal profession under Law 1123 of January 22, 2007 (Código Disciplinario del Abogado). These rules can be found at: www.ramajudicial.gov.co

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 Solicitors Regulation Authority under rules approved by the Legal Services Board under the Legal Services Act 2007. The SRA Code of Conduct 2011 can be found at www.sra.org.uk/solicitors/handbook/code. 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

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/viewdoc.asp?DocID=4, and are regulated by the Honourable Society of the Kings Inns and the Bar Council of Ireland. 

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

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”. 

Luxembourg 

The profession of “avocat” is regulated by the Luxembourg Bar. The relevant professional rules are the Internal Rules of the Luxembourg Bar (Règlement Intérieur du Barreau de Luxembourg) and the Luxembourg law of 10 August 1991, as amended. The Internal Rules of the Luxembourg Bar are available at www.barreau.lu

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 Lawyers and Conveyancers Act 2006. The relevant professional rules are the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and can be found on the website of the New Zealand Law Society. 

Nigeria 

The profession of “Barristers and Solicitors of the Supreme Court of Nigeria” is regulated by the Legal Practitioners Act, Cap. 207, Laws of the Federation of Nigeria 2004. The relevant professional rules are the Rules of Professional Conduct in the Legal Profession which are set out by the General Council of the Bar in furtherance of the aims and objectives of the Nigerian Bar Association and are available at the website of the Nigerian Bar Association; www.nigerianbar.org.ng.

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)
  • The State Bar of California, a public corporation within the judicial branch of government, serving as an arm of the California Supreme Court
  • The Michigan Supreme Court
  • The Massachusetts Supreme Judicial Court
  • The Illinois Supreme Court
  • The Supreme Court of New Jersey

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 California Rules of Professional Conduct are applied in California. They may be accessed via the Web site of the State Bar of California.
  • 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 Massachusetts Rules of Professional Conduct are applied in Massachusetts, and may be accessed via the Web site of the Massachusetts Supreme Judicial Court.
  • The Illinois Rules of Professional Conduct are applied in Illinois, and may be accessed via the Web site of the Illinois Courts.
  • The Rules of Professional Conduct are applied in New Jersey and may be accessed via the website of the New Jersey Courts.

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