Legal aid

By virtue of clause 1 of the Law of the Republic of Belarus "About the Bar" the Bar in the Republic of Belarus is an independent legal institute, which main aim according to the Constitution of the Republic of Belarus to carry out professional remedial activity.

According to clause 16 the Law of the Republic of Belarus "About the Bar" a lawyer in his activity is independent and follows only the current legislation.

The interference into professional activity of the lawyer is prohibited. The independence is secured by that circumstance that according to the charters of regional Bars, Minsk City Bar, Specialized Belarusian Bar, the Bar is based on the principles of self-management, it is noncommercial organization of the voluntarily united physical persons engaged in advocacy on the basis of the special sanctions (licenses), issued by the Ministry of Justice of the Republic of Belarus, and obligatory membership in the Bar.

It is strictly forbidden to require from a lawyer to disclose any information, which constitutes lawyer’s secret, and also to require similar information from the officials and technical workers of lawyer’s self-management bodies and lawyers associations.

Subject of the lawyer’s secret are the questions, on which the client has applied for rendering legal aid, essence of consultations, advices and explanations received by this person from the lawyer, as well.

Information making subject of the lawyer’s secret can not be received from the lawyer and can not be used as the legally obtained evidence in civil, administrative and criminal procedure.
All establishments and officials of the Republic of Belarus recognize and observe secret of consultations between a lawyer and a person, whom he renders legal aid while realizing his official responsibilities.

In accordance with item 3, part 2 of the Clause Procedural Criminal Code of the Republic of Belarus lawyers (barristers), their probationers, employees of Presidiums of Bars and Legal advices can not be subjects to interrogation in the capacity of witnesses - for reception any information, which leak out to them while rendering legal aid in connection with criminal procedure.
By virtue of items 16-19 of “Rules of Professional Etiquette of Lawyer” a lawyer should observe professional secret.

A lawyer should ensure to his client an opportunity of receiving consultations in a private way.
A lawyer has no right:

To disclose information making lawyer’s secret (the fact of addressing a client to a lawyer, matters of conversations, content of investigated and prepared documents and other information relating to rendering legal aid, and also information about private life of clients, during all time of rendering legal aid, and after termination of relations with the client);
To give testimonial evidences and explanations on questions, which make lawyer’s secret;
To undertake any actions presenting threat to confidential relations with the client.
The lawyer can disclose the information, trusted him by the client, in volume, which he deems soundly necessary, in the following cases:

The client’s consent for it, when the disclosing of such an information is necessary for rendering legal aid;

For a substantiation of a position of the lawyer at the settling dispute between him and the client or for substantiation of personal defense on case instituted against him and based on actions, in which the client took part;

Conducting consultations with other lawyers, if the client does not object to such advices.