Bar Association Rules (Professional Ethics), 5746-19861
By virtue of its powers pursuant to Section 109 of the Bar Association Law, 57211961 (hereinafter – The Law), the National Council of the Bar Association hereby
enacts these rules:
Chapter A: Interpretation
1.
Definitions
In these rules –
"Court" – court, tribunal and any judicial instance or quasi-judicial instance
established by law;
"Judge" – having a judicial role in a court, tribunal or any judicial or quasi-judicial
instance, established by law;
"District Committee" – the Bar's District Committee, whereby the work place of
the member of the Bar is within its activity area.
Chapter B: Basic Provisions
2.
An Attorney's Duty
An attorney will represent its client loyally, devotedly, without awe, while
upholding fairness, honoring the profession and honoring the court.
Chapter C: The Attorneys Office
3.
A Place to Receive Clients
(a)
(b)
(c)
4.
An attorney will receive clients at his office.
An attorney may meet his client at another place other than his
office provided that he does so pursuant to conditions upholding
the honor of the profession.
An attorney serving as a client's counsel on a permanent basis may
deviate from the provisions in sub-section (a) in order to render
services to that client effectively, pursuant to circumstances fitting
of the profession.
Office Uniqueness (Amendment: 5748)
(a)
(b)
(c)
An attorney's office, including but not limited to the waiting room
and secretary's room and any other part thereof will not serve for
any purpose other than the attorney's professional work.
The provisions in sub-section (a) do not prohibit an attorney from –
(1)
allowing his office to serve as a registered office for a
corporation that he serves as legal counsel thereof;
(2)
designating part of his residence as an office;
(3)
To promote public issues from his office.
The provisions in this section will not apply to an attorney who on
the 12th of Tevet 5726 (4th January 1966) shared a waiting room
with another and notified the Central Committee thereof by the 12
of Shvat 5726 (3rd February 1966).
5.
Branches (Amendment: 5748)
(a)
An attorney will have no more than one office unless at each office
there is an attorney whose permanent place of work is located at
that office.
(b)
The Central Committee upon consulting with the District
Committee within the jurisdiction of the attorney's office may
allow, for special reasons, to deviate from the provisions in subsection (a), pursuant to conditions and for a period it deems correct.
Chapter D: Advertising and Advertisements
(Repealed) (Amendment: 5761).
Chapter E: Attorney and Client
9. Fees Only in Money
(a)
(b)
An attorney will not accept fees for his professional work other
than money.
There is nothing preventing fees to be calculated as a percentage of
an issue whereupon the law so permits.
10. Prohibition Against Giving a Guarantee
At attorney will not furnish a personal guarantee in respect of a matter he is
handling even if giving the guarantee is of no material benefit; however this
provision does not prohibit an attorney from assuming personal responsibility for
witnesses' expenses or other legal costs.
11. Prohibition Against Acquiring a Benefit
An attorney will not acquire a material benefit, other than his fees, in a matter that
he serves as trustee, liquidator, executor of estate or receiver.
11A.
(Repealed) (Amendment: 5763)
11B.
Prohibition Against Rendering Legal Services In special Cases
(Amendment: 5758)
An attorney will not render legal services to a client referred to him by
a body other than an attorney, partnership of attorneys or an attorneys
company – working for profit and to this end publicly publishes that it
renders legal services.
An attorney employed by someone who is not an attorney, attorneys
partnership (hereinafter – Employer) will not render legal services to
someone other than his employer if the employer is a profit
organization and collects consideration for such legal services.
The Central Committee, upon consulting with the District Committee,
may allow, for special reasons concerning public welfare, deviations
(a)
(b)
(c)
from these provisions pursuant to conditions and for a period it so
determines.
12. Permission to Refuse To Handle A Case
An attorney may, at its discretion, refuse to handle a case; whereupon an attorney
decides not to handle a case, he will inform the personal involved of his decision
within a reasonable time.
13. Terminating Handling a Case
(a) Whereupon an attorney accepted a case, he is not permitted to stop
handling the case unless conflicts of interest arise between the attorney and
his client concerning the manner the case is being handled or a legal
obstacle or issue concerning professional ethics manifested or due to
nonpayment of fees and costs or for any other reason justifying
termination of handling the case.
(b) Whereupon an attorney decides to stop handling a case prior to the matter
coming to an end, he will give notice thereof, forthwith, to his client and
he must, where possible, stop handling the matter by such a manner that
does not harm his client.
(c) If a matter is pending before the court, the attorney will not stop
representing his client other than subject to the provisions in any law.
14. Conflict of Interests
(a) An attorney will not represent a client, will not assume responsibility to
represent nor will he continue to represent a client if there is a fear that he
cannot satisfy his professional duty in respect of the client due to a
personal interest or due to an undertaking or fiduciary duty he has toward
another or due to his work load or for another similar reason.
(b) An attorney will not represent parties with conflicting interests concerning
the same issue.
(c) In a matter involving the attorney's permanent client, the attorney will not
represent another party even if in the same matter the attorney is not
representing the permanent client; in respect of this provision "permanent
client" – a client whereby the attorney renders services to him on a
permanent basis.
(d) The provisions in sub-sections (b) and (c) will not apply to the execution
of agreements and handling of a matter whereby the parties agreed, in
writing, that this will be handled by the attorney.
(e) An attorney and his client may agree, in writing, to limit the professional
service to be rendered by the attorney to the client to prevent conflicts by
representing another client or matter or other duty, provided that limiting
the service is reasonable under the circumstances and does not prejudice
the attorney's fiduciary duty toward his clients.
15. Argument Against Validity of an Agreement
An attorney who executed a document or participated in executing a document or
who handled the transaction or participated in the handling thereof will not later
argue that the document or transaction is invalid and will not represent a person
whose issue reasonably compels such an argument.
16. Prohibition Against Handling a Matter Against A Client
(a) An attorney will not handle a matter against a client –
(1) Pertaining to a matter or in connection with a matter that he handled
for that client.
(2) A matter that he has a real interest in the information he obtained from
that client or on his behalf.
(b) The District Committee, or whoever it authorized to do so, may decide,
pursuant to a referral by an attorney, that furnishing an opinion or holding
a mere consult or action in a given case would not be considered as
handling a matter for a client or that specific information has no real
relevance to the matter or that the information received does not prevent
the attorney handling the case, provided that such a decision is rendered
prior to the attorney taking on such a case.
17. Attorney Presiding as a Judge
An attorney will not represent a person concerning a case that he previously
served as a judge or arbitrator.
18. Transferring a Case to Another Attorney
Notwithstanding a general provision in a power of attorney permitting a matter to
be transferred to another attorney, an attorney will not transfer the power of
attorney to another unless the Client explicitly consented to him doing so in
writing and in a separate instrument, however an attorney may, pursuant to such a
general provision, delegate its powers to another attorney or be assisted by the
other attorney pertaining to a given issue.
Chapter F:
Confidentiality
19. Confidentiality
An attorney will keep secret any issue that was brought to his attention by a client
or someone on its behalf, within the capacity of his role, unless the Client
explicitly agreed otherwise; this provision does not apply to disclosure in legal
proceedings, investigations or non-confidential searches pursuant to Section 90 of
the Law.
20. Employees Preserving Confidentiality
An attorney will ensure that all employees under his service are apprised of their
duty to keep information that they learn of during the course of their work
confidential.
21. Non-Use of Client Information
An attorney will not use information that he learned of from his client while
fulfilling his role and which the attorney could not have learned about from other
sources using reasonable means.
Chapter G: Prohibition Against Recording
22. Recording Others
(a)
(b)
(c)
An attorney will not record a conversation between his client and
another attorney unless with their knowledge.
An attorney recording a hearing in court will inform the court
thereof.
An attorney will not make use of a recording that was recorded in
violation of this section.
Chapter H:
Attorney and Opposing Counsel
23. Addressing Opposing Counsel
An attorney will be courteous to the opposing counsel.
24. Prohibition Against Threats
An attorney will not threaten the opposing counsel, but may –
(1) Specify means that his client may take to exercise his rights;
(2) Draw the opposing counsel's attention to the provisions of the law.
25. Contact with a Represented Person
(a) An attorney that knows that the other party is represented in a specific
matter by an attorney –
(1) Will not approach the other party other than through the attorney
representing him in that matter;
(2) Will not meet with the other party to discuss the matter other than in
the presence of his attorney.
(b) An attorney may conduct himself in accordance with the provisions in subsection (a) –
(1)
With the other party's attorney's consent;
(2)
Where there is a duty, by law, to remit something to the
other party, provided that the attorney gives a copy to the
other party's counsel.
Chapter I:
The Attorney and Other Members of the Profession
26. Relationship with Members (Amendment: 5765)
An attorney will be friendly toward members of the profession in respect of any
professional matter and will not refuse any leniencies which do not prejudice his
client, including agreeing to a request to change a date whereupon the colleague is
called to active reserve duty, is on maternity leave or leave due to bed rest during
pregnancy, illness or in mourning;
In this respect,
"Prejudicing a Client's matter" – significant harm that may cause the client real
damage.
"Maternity Leave" –
In respect of a female attorney – maternity leave pursuant to Section 6 of the
Working Woman's Law, 5714-1054 (hereinafter – The Working Woman's Law),
adoption leave or expected parent leave, pursuant to the matter at hand, within the
meaning of the Working Woman's Law; and if she is a self-employed attorney –
the period that she would have been entitled to leave as stated above had she been
a salaried employee;
With respect to a male attorney – paternity leave pursuant to Section 6(h) of the
Working Woman's Law, adoption leave or expected parent leave, pursuant to the
matter at hand, within the meaning of the Working Woman's Law; and if he is a
self-employed attorney – the period that he would have been entitled to a birth
benefit pursuant to Section 49 of the National Insurance Law [Consolidated
Version], 5755 1995 (hereinafter – The National Insurance Law);
"Bed Rest During Pregnancy" – as defined in Section 58 of the National Insurance
Law.
27. Accepting A Case Handled By Another
(a) An attorney will not knowingly accept a case handled by another attorney
unless the other attorney agreed in writing, and the other attorney will not refuse
consent as stated above unless he has claims or monetary demands from the client
that are still pending in connection with the case, however the other attorney will
not refuse to give his consent if these conditions have been fulfilled:
(1) The client gave appropriate sureties, according to the District Committee or
whoever the District Committee so authorized to secure the attorneys monetary
demands;
(2) The client agreed to remit the issue in dispute to be ruled upon by the District
Committee or whoever the District Committee so authorized in this respect.
(b) Whereupon the conditions in sub-sections (a)(1) and (2) have been satisfied,
the District Committee will permit the other attorney to handle the client's case.
28. Knowing That Another Attorney Is Handling The Case
(a) If an attorney learns, after he has started to handle a given matter, that the
matter was previously handled by another attorney, he will withhold further
handling and will not continue to handle the matter until the client furnishes him
with written consent from the first attorney or the conditions in Section 27 have
been satisfied
(b) If the subject matter was pending in the court and the conditions in Section 27
have not been satisfied, the attorney will petition the court to discharge him of his
representation duty and upon being discharged, he shall cease to represent the
client in respect of that matter.
29. Repealed (Amendment: 5759)
30. Sharing Fees with Another Attorney
An attorney transferring a matter to be handled professionally by his colleague
will not be entitled to share fees unless explicitly agreed to the contrary, and
unless the transferring attorney was unable to handle the matter due to the
provisions in Section 14, he is prohibited from receiving any payment from the
attorney receiving the matter to be handled.
31. Dispute with Attorney
Prior to an attorney initiating legal proceedings on behalf of his client against
another attorney, he will contact the other attorney in writing and if possible –
even verbally, in order to try to settle the dispute amicably, provided that such
contact does not cause the client to sustain damages.
Chapter J: Attorney and Court
32. Honoring the Court
(a) An attorney, standing before a court, will honor the court while protecting his
client's rights fairly, devotedly and upholding the profession's honor.
(b) An attorney will appear before the court dressed with appropriate court attire,
as determined in the law.
33. Honoring the Other Party
An attorney will raise its arguments before the court, whether verbally or in
writing, courteously, and upholding the other party's honor and the honor of any
other person associated with the legal proceedings.
34. Prohibition Against Deception
(a) An attorney will not raise, verbally and in writing, a factual or legal argument
knowing that it is untrue.
(b) The provisions in sub-section (a) do not prevent refuting pleadings in a civil
proceeding or denying facts in a criminal proceeding.
35. Payment to Witnesses
An attorney will not pay, or offer to pay nor lend a hand in any payment or other
consideration to a witness in return for his testimony, if such payment is
contingent upon the outcome of the trial.
36. Attorney as a Witness
(a) An attorney will not represent a person in legal proceedings, including but not
limited to an appeal, if he himself is going to testify on behalf of that person in
any of the foregoing proceedings; if an attorney is called to testify on behalf of a
person after beginning to represent him – he will cease representation.
(b) The provisions in sub-section (a) will not apply to testimony whereby the
attorney is called to testify by the rival litigant, on a technical matter, with the
court's permission, or with the District Committee's permission.
37. Contact with Witnesses (Amendment: 5747)
(a) An attorney is entitled to talk with someone who may testify on behalf of his
client.
(b) An attorney will not talk with a person who he knows is about to testify in
court on behalf of the opposing party pertaining to a matter associated with his
testimony unless the opposing party consents, and if he is represented – with his
counsel's consent.
(c) The provisions in sub-section (b) will not apply when an attorney is going to
summons to testify on his client's behalf (hereinafter – the client) a person who
was summonsed to testify on behalf of one party, if one of the following applies:
(1) The witness is the client, and if the client is a corporation – the chairperson of
the Board of Directors, chairman of the executive or the General Manager on its
behalf;
(2) The court or District Committee or whoever the District Committee so
authorized, gave permission, and the person granting such authorization may
determine conditions in the authorization;
(3) In a civil trial – the witness acted on behalf of the Client concerning the issue
on trial.
38. Fair Cross Examination
An attorney will not ask, during cross examination, questions concerning the
witness's credibility, with the purpose of vilifying his character and which are not,
from another aspect, relevant to the subject at hand, unless the person questioning
has reasonable grounds to believe that the answer deriving from the question is the
truth or is substantiated.
Chapter K: Funds
39. Managing a Deposit Account
An attorney will manage a separate bank account for funds deposited in escrow.
40. Transferring Funds to a Client
(a) An attorney must notify a client and transfer any amount of money that he
received on it behalf, within a reasonable period of time of receiving it to the
Client.
(b) If an attorney withholds, by law, amounts of money he received for his client,
or deducted, pursuant to an agreement, monies there from, he will inform the
client thereof within a reasonable period of time.
41. Investing Deposits
(a) An attorney receiving funds in escrow will inform the client thereof forthwith
and will ask, soon after receiving the funds, from the person he is holding the
funds in escrow for, for detailed instructions relating to delivering the funds and
investing them.
(b) Whereupon an attorney receives funds in escrow and within a reasonable
period of time no instructions in connection to investing them were received, he
will invest the funds in one of the following ways:
(1) In accordance with Section 6 of the Trusts Law, 5739-1979;
(2) In accordance with Section 50 of the Legal Capacity and Guardianship Law,
5722-1962;
(3) Another way that has a reasonable chance of maintaining the value of the
money, pursuant to the circumstances known at that time.
42. Financial Statements
(a) An attorney will furnish the client with a statement concerning the status of
the Client's account (1) At the client's demand – within a reasonable time after the demand, provided
that it is not furnished any later than three years after he has stopped handling the
matter;
(2) Within a reasonable time after he has stopped handling the matter;
(b) An attorney whose client has demanded a copy of receipts pertaining to
expenses expended or documents concerning the funds held as a deposit, he will
furnish them to the client within a reasonable time; this provision will not apply
when the client's demand to furnish the documents comes a reasonable time
thereafter or the documents are no longer with the attorney.
43. Prohibition Against Extending Loans
An attorney will not give loans or other benefits to obtain work.
44. Payment for Client's Expenses
An attorney will not lend monies to a Client to pay costs associated with rendering
the professional services to the Client; however this provision does not prevent an
attorney paying for such costs on behalf of the Client or undertaking to pay them
so long as the attorney takes measures to collect the monies from the Client within
a reasonable time after he has paid the costs.
45. Repeal
The Bar Association Rules (Professional Ethics), 5726-1966 – repealed.
46. Commencement of Validity
These rules will come into force three months after they are promulgated.
1
R.F. 5746, 1373; 5747, 1159; 5748, 1106; 5749, 663; 5757, 932, 5758 1009;
1048; 5759 670; 5761 629; 5763 702; 5765 882