Rules of Conduct
1.General rules
Rule 1
A lawyer’s conduct should be such that it does not undermine the public’s trust in the legal profession or in the lawyer’s own professional practice.
Rule 2
1. A lawyer should avoid compromising his freedom and independence in the practice of the profession.
2. A lawyer is not allowed to grant or receive any reward or commission for bringing in work assignments.
Rule 3
A lawyer should bear in mind that a settlement is often to be preferred to a lawsuit.
Rule 4
A lawyer should handle the cases assigned to him with due care.
2. Client-Lawyer Relationship
Rule 5
How a lawyer handles a case should be dictated by the interests of the client, not by any of the lawyer’s own interests.
Rule 6
1. A lawyer is subject to a duty of confidentiality. A lawyer shall disclose no details of cases handled by him, a client’s identity, or the nature and scope of a client’s interests.
2. Where a lawyer believes that knowledge gained by him needs to be disclosed to third parties to ensure the proper fulfillment of an assignment given to him, the lawyer will be free to disclose that knowledge, provided that the client does not object to such disclosure and the disclosure is in agreement with the proper practice of the profession.
3. A lawyer shall impose a similar duty of confidentiality on his employees and personnel.
4. The duty of confidentiality continues after termination of the relationship with a client.
5. Where a lawyer has promised an opposing party confidentiality, or such confidentiality arises from the nature of the lawyer’s relationship with a third party, the lawyer shall also respect this confidentiality in relation to his client.
Rule 7
1. A lawyer is not allowed to take on the defense of the interests of two or more parties where the interests of those parties conflict with each other or can be expected to develop into a conflict.
2. A lawyer defending the interests of two or more parties has a general obligation to withdraw from the case altogether as soon as a conflict of not immediately reconcilable interests arises.
3. A lawyer having defended the interests of two or more parties in a specific case and having withdrawn as lawyer to one or more of those parties shall not act, in that case or in the continuation of that case, against the party or parties in relation to whom he withdrew.
4. The provisions laid down in the preceding paragraphs extend to all the lawyers who are part of the same cooperative partnership.
5. A lawyer is not allowed to act against a former client or an existing client of himself or of any of the other lawyers working at the same firm, except as provided in the following paragraphs.
6. A lawyer may depart from rule 7, point 5, only where:
a. the interests entrusted or to be entrusted to the lawyer do not concern the same matter in which the former client or existing client was or is being assisted by the lawyer or any of the other lawyers working at the same firm, the interests entrusted or to be entrusted to the lawyer also were or are not related to that matter, and it is unlikely that they ever will,
b. the lawyer, or the other lawyer working at the same firm, has no confidential information of any kind from his former client or existing client, and no case-related information or information concerning the identity or the business of the former client or the existing client, that may be relevant to the case against the former client or the existing client,
c. no reasonable objections have otherwise been raised by the former or the existing client or by the party that requested the lawyer to defend its interests.
7. Where the conditions specified in rule 7, point 6, have not been met, a lawyer may nevertheless depart from the provision in rule 7, point 5, if the party that requested the lawyer to defend its interests and the former or the existing client against whom action needs to be taken previously consent to the action as referred to in rule 7, point 5, on the basis of proper information provided to them.
8. The provisions laid down in the preceding paragraphs extend to all the lawyers who are part of the same cooperative partnership.
Rule 8
A lawyer shall inform his client of important information, facts, and agreements. Where necessary to avoid any misunderstanding, uncertainty, or dispute, the lawyer shall confirm important information and agreements to his client in writing.
Rule 9
1. A lawyer is in charge of the case also in relation to his client, but is not allowed to do anything against the client’s evident will. Anything a lawyer does happens under the lawyer’s responsibility, which he cannot escape by referring to the instructions received from his client.
2. Where the lawyer and his client have different opinions on how a case should be handled and their different opinions cannot be reconciled by mutual agreement, the lawyer must withdraw from the case.
3. Except where dictated by the circumstances, a lawyer is not allowed to withdraw from a case given to him at a time when doing so is inappropriate.
4. A lawyer withdrawing from a case nevertheless remains under the obligation, where this can reasonably be required of him, to take any measures needed to prevent prejudice to his client.
Rule 10
1. When providing third parties with information about a case the lawyer is handling or handled in the past, the lawyer shall take into consideration, in addition to the interests of the client, any justified other interests. The lawyer shall disclose no information without the client’s consent, and shall avoid any misunderstanding about the capacity in which he is acting.
2. A lawyer shall be reserved about allowing inspection of trial records.
Rule 11
A lawyer who notices that he has failed to adequately defend his client’s interests shall notify the client accordingly and, where necessary, advise the client to seek independent advice.
3. Legal Action
Rule 12 (amendment published on June 15, 2021)
1. Without prejudice to the provisions laid down in rule 13, a lawyer who wishes to send communications to another lawyer that he wants to be treated confidentially shall make this wish clearly known before sending the first of those communications.
2. If the addressee chooses not to give these communications a confidential character, he shall inform the sender accordingly, demonstrably and without undue delay.
3. Confidential communications as referred to in the first paragraph cannot be relied on in court, except where this is particularly required by the client’s interests, and, in such cases, not without prior consultation with the opposing party’s lawyer.
4. If this consultation yields no result, the lawyer shall seek the advice of the Dean before relying on the communications in court as referred to above.
Transitional rule for the amendment to rule 12 (published on June 15, 2021)
Any communication between lawyers that took place up to the time of publication of the adjusted rule of conduct remains confidential. In matters where such communication took place under the regime of privilege, the communication remains confidential even after publication of the amended rule of conduct 12, except where otherwise agreed.
Rule 13
Without permission of the opposing party’s lawyer, it is not allowed to disclose to the court or any other authority to whom a case was brought anything about the substance of settlement negotiations conducted between lawyers.
Rule 14
1. When deciding the appropriate time to submit records to the court or any other authority to whom a case was brought, a lawyer shall keep in mind that the opposing party must be given the opportunity to carefully prepare a response to those records, subject to the rules as agreed between the Aruba Bar Association and the Aruba judiciary.
2. Submitting written pleadings is only allowed where they do not contain more than what the lawyer has argued.
3. A copy of the written pleadings must be handed to the opposing party’s lawyer as soon as oral arguments begin.
Rule 15
1. In a pending lawsuit, a lawyer is not allowed to address the court or any other authority to whom a case was brought otherwise than together with the lawyer of the opposing party, except where the lawyer does so in writing while simultaneously sending a copy of the message to the opposing party’s lawyer and, moreover, at such time that this other lawyer has a proper opportunity to respond to that message.
2. Following a request for a ruling, a lawyer is not allowed to address the court without the opposing party’s permission.
Rule 16
1. A lawyer is not allowed to interrogate persons who have been, or evidently will be, called as witnesses by the opposing party, prior to the witness examination.
2. In criminal cases, a lawyer shall refrain from previously interrogating witnesses summoned or called by the Prosecutor’s Office.
3. These provisions do not apply to the lawyer’s own client or to persons employed by, or having a special relationship with, the lawyer’s own client.
4. Inter-Lawyer Relations
Rule 17
In the interest of people seeking justice and of the legal profession in general, lawyers shall strive for mutual relationships based on goodwill and trust.
Rule 18
1. A lawyer shall seek no contact with a party concerning a matter in which the lawyer knows that this party is being assisted by a lawyer otherwise than through that lawyer, unless that lawyer gives him permission to contact that party directly. The same applies when the party in question contacts the lawyer directly.
2. A lawyer sending a notification with legal effects may send this notification directly to the opposing party, provided that he simultaneously sends a copy to the opposing party’s lawyer.
Rule 19
1. Before taking enforcement measures, a lawyer shall give notice of his intention to the opposing party, or, where this party is assisted by a lawyer, that lawyer, subject to the guidelines of the Common Court of Justice of Aruba, Curaçao, St. Maarten, and Bonaire, Saba, and St. Eustatius.
2. A lawyer is likewise required to give notice to the opposing party’s lawyer of any intention to bring injunction proceedings.
Rule 20
A lawyer is not allowed to call a lawyer or former lawyer who is, or was, registered with the Common Court of Justice of Aruba, Curaçao, and St. Maarten and Bonaire, Saba, and St. Eustatius to testify about what he observed during the practice of the legal profession, before having consulted with the Dean. This rule likewise applies to a lawyer’s or former lawyer’s employees and personnel.
Rule 21
1. Where a lawyer handling a case gives a work assignment to another lawyer, he shall ensure the payment of any fees owed to that other lawyer, except where he makes an express reservation.
2. This also applies to cases where the lawyer acts pro bono.
Rule 22
1. When somebody asks a lawyer to take over a case already being handled by another lawyer, the lawyer shall provide no assistance until after he has consulted with that other lawyer.
2. No such consultation will be necessary where the lawyer has ascertained that the client has broken off the relationship with the other lawyer and has settled the other lawyer’s final bill for the case concerned. Where this bill has not been paid, he shall provide no assistance but with the other lawyer’s permission, except where the non-payment is proven to be the result of incapacity.
3. Where the amount of the bill is disputed, the lawyer may take on the case subject to the approval of, and under the conditions specified by, the Dean.
4. Where a client’s interests necessitate immediate assistance, the lawyer shall seek permission from the Dean to provide that assistance, unless it is impossible to consult with the Dean in due time.
5. Financial Rules
Rule 23
1. A lawyer shall act with due care and accuracy in financial matters.
2. A lawyer shall avoid unnecessary expenses. This likewise applies in relation to the client’s opposing party.
Rule 24
1. Except where a lawyer has proper grounds to assume that his client does not qualify for free legal aid, he shall consult with the client at the start of the case and, additionally, whenever there is a reason to do so, to see whether there are grounds to try and get such free aid.
2. A lawyer shall not negotiate or receive any fee, in any form, for work done in relation to a case where the lawyer is acting pro bono, except for out-of-pocket expenses subject to the applicable rules.
3. Where a client who qualifies for free legal aid nevertheless prefers not using that aid, the lawyer shall record this in writing.
Rule 25
1. When billing, a lawyer shall charge a salary which, considering all circumstances, is reasonable.
2. A lawyer is free to agree that no salary will be charged unless a specific outcome is achieved.
3. A lawyer is likewise allowed to agree that the salary will be a proportionate part of the value of the outcome to be achieved through the lawyer’s assistance.
4. A lawyer shall organize bills in such a way that they allow the client to see how much is being charged for salary and for out-of-pocket expenses. Where a retainer was received, or payments were received or made on the client’s behalf by virtue of liquidated costs or for any other reason, the lawyer shall specify the corresponding amounts either in the bill or separately and, where necessary and possible, offset them.
Rule 26
1. When taking a case, a lawyer shall discuss the financial consequences of taking that case with the client and give the client insight into how and how often the client will be billed.
2. A lawyer shall inform his client as soon as the lawyer anticipates that the bill will be substantially higher than the estimate which he initially provided to the client.
3. A lawyer is not allowed to use any welfare amounts received for a client to settle the lawyer’s bill.
Rule 27
1. Where a client objects to a submitted bill, the lawyer shall point the client to the regulations governing such objections.
2. Where a client disputing all or part of a bill objects to offsetting that bill against money the client is entitled to, that money will be deposited with the Dean in the amount disputed.
3. Where a client challenges a bill that was offset against the advance payments made by the client, to an extent such that the client desires a reimbursement for all or part of those advance payments, the lawyer shall, when the client so desires, submit the bill for assessment. The second paragraph applies.
4. Withholding files while waiting for a bill to be paid is a measure which a lawyer should take only sparingly. Where a bill is disputed, the lawyer shall point his client to the possibility of depositing the billed amount with the Dean until the dispute is settled.
5. Where a client asks for a specification of a bill, the lawyer shall provide it. This must not result in a billed amount that is higher than the original amount billed.
6. Where this does not result in payment and the lawyer proceeds to submit his bill for assessment in accordance with the law, he shall inform the client accordingly, while sending the client a copy of the bill submitted for assessment.
7. In relation to amounts claimed by a lawyer from his client that have not yet been decided in court, the lawyer shall take no conservatory measures, or apply for bankruptcy, until after consulting with the Dean.
Rule 28
1. A lawyer is not allowed to accept, for the settlement of a bill, any security other than a cash retainer, except in special cases, and then only after consulting with the Dean.
2. A lawyer is allowed to offset a bill against retainers and other money which he holds on deposit for the client, the latter only where that money can be paid out to the client without hindrance, and subject to the client’s consent.
3. No offsetting is allowed of money which, according to the law, cannot be attached.
6. Client Acquisition and Advertising
Rule 29
Without prejudice to his legal responsibility, a lawyer is allowed to advertise his services where this does not violate the rules of conduct.
Rule 30
A lawyer shall see to it that any advertising done by or on behalf of him is in agreement with the care that befits a proper lawyer and does not go against lawyers’ pursuit of mutual relationships based on goodwill and trust.
Rule 31
A lawyer is not allowed to engage in advertising where his services are compared with those of other lawyers.
Rule 32
1. A lawyer is not allowed to engage in advertising by directly and individually approaching potential customers other than clients.
2. A lawyer shall refrain from any attempt to make another lawyer’s client his own client.
Rule 33
A lawyer is not allowed to engage in advertising claiming that he has specialist expertise, except where the knowledge and experience gained by the lawyer is plausible.
Rule 34
1. A lawyer is not allowed to engage in advertising mentioning the outcomes of cases or a success rate.
2. Except with prior permission of the client, a lawyer is not allowed to engage in advertising disclosing details about cases which he is handling, or handled in the past, about a client’s identity, or about the nature and scope of a client’s interests.
Rule 35
Lawyers engaging in advertising together, or with others, shall avoid creating the impression of cooperation beyond any cooperation that actually exists.
Rule 36
1. A lawyer’s advertising about his rates and terms and conditions should be unambiguous and clear. To this end, the advertising should at a minimum make clear which of the services are covered. In addition, the advertising should make clear whether the rate includes out-of-pocket expenses and any other expenses.
2. No advertising is allowed that only specifies minimum rates.
3. A lawyer is not allowed to engage in advertising comparing his rates or terms and conditions with those of other lawyers.
4. A lawyer is bound by the rates and terms and conditions he advertises.
Rule 37
A lawyer’s advertising must not create the impression that somebody else is responsible for it.
Rule 38
A lawyer is not allowed to engage in advertising—not including the lawyer’s own website—specifying positions held by him to which he was appointed by a judicial body, positions held within the judiciary, or positions held within the Bar Association.
7. A Few Rules of Practice
Rule 39
In contacts with third parties, a lawyer shall avoid misunderstandings about the capacity in which he is acting in the given situation.
Rule 40
A lawyer shall refrain from disclosing factual data which he knows, or is supposed to know, to be incorrect.
Rule 41
A lawyer shall refrain from expressing himself, either verbally or in writing, in excessively offensive terms.
Rule 42
1. Where a lawyer handling a case hires third-party services or calls witnesses, he shall ensure the payment of any fees owed to them, except where he makes an express reservation.
2. Paragraph 1 does not apply where the lawyer invites somebody to act as arbitrator or binding adviser.
3. The preceding paragraphs likewise apply to cases where the lawyer acts pro bono.
Rule 43
1. A lawyer shall make sure that the organization and set-up of his firm are in agreement with the requirements of proper professional practice.
2. A lawyer shall generally be reachable during regular business hours. When absent, he shall ensure the availability of a proper substitute.
3. A lawyer shall act with due care and accuracy in money matters.
4. Money received must be transferred to the proper recipient as soon as possible.
5. Where it is necessary for a lawyer to keep money of his client or of third parties under his control for an extended period of time, the lawyer shall have this money available at any time and ensure that it is not mingled with the lawyer’s own money.
Rule 44
1. A lawyer holding a position on any board in charge of administering justice or otherwise resolving disputes shall refrain from interfering in any way in a case in which he is performing or has performed work or will be involved in that position.
2. A lawyer who is part of a cooperative partnership is not free to interfere in a case that was or is being heard by a board on which any lawyer belonging to the same cooperative partnership holds any position, where this lawyer has been or will be involved in the hearing of that case by the board.
Rule 45
A lawyer is allowed to take a case from an intermediary who is not registered as a lawyer only if the lawyer is convinced that he was given the case with the client’s consent and the lawyer has moreover reserved the right to come to an understanding with the client directly at any time.
Rule 46
1. A lawyer is not allowed to have another person listen in on a telephone conversation or record a conversation on an audio device without previously saying so to the person he is speaking with.
2. Where a conversation with another lawyer has been recorded on an audio device with that other lawyer’s consent, rule 12 applies.
Rule 47
In the event of a disciplinary investigation, or a request for information from the Dean relating to a possible disciplinary investigation, the lawyer being investigated or audited shall immediately disclose any information requested, without being able to rely on the duty of confidentiality, except in special cases. A lawyer who considers invoking the existence of a special case shall consult with the Dean.
Rule 48
A lawyer is allowed to let members of his personnel who are not registered as lawyers handle cases only when he has ascertained that they have the capacity to do so, when he has set the boundaries within which they are allowed to do so, and when this happens under his supervision. The lawyer remains responsible to his client for the handling of the cases and the advice given.
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