Déontologie

Everything you entrust to your lawyer remains confidential. This is not a marketing promise, but an obligation: lawyers are bound by a strict code of ethics, established in the public interest, which guarantees you a quality service.

What the code of ethics guarantees you

Four fundamental principles govern it:

• Independence
• Integrity
• Dignity
• Professional secrecy

The highest courts attach particular importance to this last principle: it ensures that everything you confide in your lawyer remains confidential, with no risk of being disclosed to third parties.

To maintain a quality service, lawyers must also engage in continuous training, not only in their areas of expertise but also in digital technology and artificial intelligence.

What happens in case of a breach?

In case of a violation of the ethical rules, the lawyer may face disciplinary sanctions, ranging from a warning to a (temporary or permanent) ban on practicing.

The Bar President may first take conservatory measures if they believe that a lawyer's behavior risks harming third parties or the honor of the Bar: for example, they may prohibit the lawyer from attending court premises or handling third-party funds.

The disciplinary council may then impose, depending on the severity of the facts, a warning, a reprimand, a suspension (the lawyer loses certain professional rights, such as the right to plead for a specified period), or disbarment (the lawyer can no longer practice).

Frequently Asked Questions

Can a lawyer defend someone they know is guilty?
If their client has confessed their guilt, the lawyer cannot plead their innocence. However, a fundamental rule of criminal law remains: it is up to the prosecution to prove guilt, not for the defendant to prove their innocence. This presumption of innocence is guaranteed by Belgian law and the European Convention on Human Rights. The lawyer can therefore limit themselves to stating that the prosecution has not provided this proof. If the client insists on forcing the lawyer to proclaim their innocence, despite having confessed their guilt in confidence, the lawyer must withdraw from the case.

Can a lawyer lie?
No. They cannot plead contrary to what their client has revealed to them: they have a duty of loyalty.

Can a lawyer encourage their client to appeal?
If the lawyer believes that the appeal has a reasonable chance of success, they have a duty to advise their client accordingly. They will then try to persuade a hesitant client, provided it is in the client's best interest.

Can a lawyer refuse to defend a client who consults them?
A lawyer is independent: they have sworn to defend only causes they believe to be just, in good conscience. Of course, no lawyer would argue, for example, that pedophilia is not reprehensible. However, each case is different, and the lawyer pleads for a human being. Free to accept the cases they are willing to defend, after agreeing with their client on the defense strategy, they can also refuse a case they do not wish to take on, whether it involves a pedophile or anyone else.

What does a lawyer do if their client reveals facts concerning minors?
It depends on the nature of these revelations. If minors are in danger, the lawyer may choose to prioritize their interest over professional secrecy, invoking a state of necessity: like any person bound by confidentiality, they must prioritize values they consider superior to secrecy.

In summary: the code of ethics strictly governs the conduct of lawyers, based on four principles (independence, integrity, dignity, professional secrecy), in the interest of all those who seek their services.