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INTRODUCTION
The lawyer exerts his own activity in full freedom, autonomy and independence in order to protect the rights and interests of the client, assuring the knowledge of law and thus contributing to the fulfilment of the system for justice' sake. While exercising his function, the lawyer watches over the compliance of laws with the principles of Constitution in observance of the human rights and community order Convention; he guarantees the right to freedom and safety and inviolability of defence. Ha assures the regularity of trial and debate. The rules of ethics are essential to the fulfilment and protection of such values.
TITLE I - GENERAL PRINCIPLES
Art. 1 Scope of application. The rules of ethics are applied to all lawyers and assistants in their activity, in their mutual relations and towards third parties.
Art. 2 Disciplinary power. The disciplinary organs have the power to inflict sanctions corresponding to the violation of the rules of ethics. Sanctions must be appropriate to the seriousness of deeds, taking into account the repetition of behaviour and of specific circumstances, subjective and objective, contributing to the occurrence of infraction.
Art. 3 Voluntariness of action. The disciplinary responsibility derives from non-compliance with rights and voluntary conduct, even if by neglect. The whole behaviour of the accused person is judged. Whenever a person is charged with more than one guilt in the same proceeding, the sanction will be only one.
Art. 4 A foreigner's activity abroad and in Italy In his exercise abroad of professional activities allowed by current disposition, the Italian lawyer shall comply with the rules of ethics of the country where the activity is performed. The foreign lawyer, exercising the professional activity in Italy, when it is allowed, shall comply with the Italian rules of ethics as well.
Art. 5 Duty of integrity and dignity. The lawyer's conduct shall be according to the compliance of integrity and dignity.
I - The lawyer chargeable with non-guilt behaviour violating the penal law, will undergo disciplinary procedure without prejudice to any autonomous assessment of the deed.
II - The lawyer will undergo disciplinary proceeding also on account of deeds not concerning the legal activity, when they affect his professional reputation or compromise the image of the forensic class.
III - The lawyer investigated or accused in penal proceeding is not entitled to defend anybody in the same proceeding.
Art. 6 Duties of loyalty and correctness. The lawyer will perform his professional activity with loyalty and correctness. He will not suggest actions or take initiatives in Court in bad faith or serious guilt.
Art. 7 Duty of faithfulness. It is the lawyer's duty to perform his professional activity with faithfulness. The lawyer's behaviour consciously performing deeds contrary to the client's interest amounts to disciplinary violation.
Art. 8 Duty of diligence. The lawyer will perform his professional duties with diligence.
Art. 9 Duty of secrecy and discretion. It is the lawyer's primary and fundamental duty, and right, to keep the secret on the activity performed and on all information given to him by the client or known because of the order.
I - The duty of secrecy and discretion refers also to former clients, both for the judicial and extra-judicial activity.
II - The secrecy will be kept also towards a person asking the lawyer for assistance, without acceptance of the order.
III - The lawyer shall ask co-operators, assistants and all the people involved in performing the professional activity to keep the professional secrecy.
IV - Exception to the general rule are cases where the spreading of information concerning the client is necessary: a) for the performing of defence activity; b) in order to prevent the client committing a particularly serious offence: c) in order to annex factual circumstances in a controversy between the lawyer and the client; d) in a proceeding concerning the way the client's interests are protected. In any case the spreading shall be limited to what strictly necessary for the object.
Art. 10 Duty of independence In the performance of professional activity the lawyer shall keep his own independence and defend his freedom from pressure or external conditioning.
I - The lawyer shall not keep into account any interest concerning his personal sphere.
II - The lawyer shall not perform trading or mediation activities.
III - The behaviour of the lawyer establishing pacts relating recovery of credit on behalf of a third party with people given to it, constitutes disciplinary infraction.
Art. 11 Duty to defend The lawyer shall perform his defending activity also when asked by the judicial organs according to applicable law.
I - The lawyer appointed by the Court shall inform the client, when possible, that he is entitled to appoint a defender of his own choice and that, according to law, also the lawyer appointed by Court has a right to retribution.
II - The unjustified refusal to exert the legal aid in forma pauperis or requiring the client for a compensation for such activity constitutes disciplinary infraction.
Art. 12 Duty of competence The lawyer shall not accept an assignment, knowing it is beyond his competence.
I - The lawyer shall inform the client of the circumstances preventing the performance of the activiy requested considering, in case of particularly complex controversies, the opportunity to supplement the defence with a colleague.
II - The acceptance of a professional assignment implies the competence to perform it.
Art. 13 Duty of professional updating. It is the lawyer's duty to take care of his/her professional know-how making progress with particular reference to the area where the activity is performed.
I - The lawyer achieves his/her own permanent formation by individual study and taking part in cultural initiatives in the legal and forensic field.
Art. 14 Duty of truth The statements in Court concerning the existence or non-existence of objective deeds, being the specific assumption for the magistrate's measures, and of which the lawyer has direct knowledge, shall be true.
I - The lawyer cannot intentionally bring forward false evidence for the trial. In particular, the defender shall not record statements of people informed of deeds which he/she knows to be false.
II - The lawyer shall mention the measures already obtained or turned down, when presenting demands on the assumption of the same actual situation.
Art. 15 Duty of social security and fiscal fulfilment. The lawyer shall see to the social security and fiscal fulfilment to his charge, according to practicable law.
I - The lawyer shall regularly and timely pay the contributions due to the forensic and social security organs.
Art. 16 Duty to avoid incompatibility. The lawyer shall avoid incompatibility preventing the continuance in the Rolls and, in doubt, shall demand the Bar Council's opinion. Demanding the registration in the Rolls while non-declared law-suits of incompatibility are under way, even if they are over, constitutes disciplinary violation.
Art. 17 Information about the professional activity. The lawyer is allowed to give information of his/her professional activity according to truth and correctness, with respect to the dignity of the profession and the duty of secrecy and privacy. The information is given according to the following arrangements:
I - As for the means of information: A) The following are allowed: usual means (letter paper, visiting cards, notice); brochures (pamphlets, circular letters) sent also by mail to certain subjects (the proposal of questionnaires or pre-paid answers are not allowed; professional year-books, periodicals, magazines, indexes, lists of legal information (with law and jurisprudence updating); relations with the press (according to what set forth by Art. 18 of the forensic code of ethics), the web site and Internet, providing they are the lawyer's or of legal practices associated, within the limits of information and previous notification to the Bar Council. As for the existing sites, the lawyer shall notify the Bar Council by 120 days. B) The following are forbidden: mass-media such as television and radio, daily papers and periodicals, advertising, anomalous spreading media devoid of dignity (distribution of pamphlets, letter paper or flyers to groups or to unspecified subjects, depositing them in the letter box, in public premises or under the car windscreen, or in hospitals, prisons and the like, through posters, testimonial); sponsoring, calls of introduction and house calls non requested; the use of Internet to offer services and counselling free of charge also on a third party's site. C) The following are allowed if previously approved of by the Bar Council (with regard to the aim in question): seminars and conventions directly organised by the professional practices.
II - As for the content of information: A) The following data are allowed: personal data necessary (surname, address, also web, telephone numbers, e-mail address, birthday, date of professional training, photographs, languages known, articles or books published, teaching activity, honours and everything else concerning the person within the limits of the professional activity exercised); information about the practice (composition, name of founders - also if deceased - prevailing activities performed, number of staff, branch offices, opening time); indication of a logo, certificate of quality (the lawyer wanting to mention the same, shall deposit at the Bar Council the relevant, still valid declaration with indication of the person attesting that and the application range of the certificate officially recognised by the State). B) Internet and the web site are allowed to offer counselling complying with the following obligations: indication of personal data, VAT entry and Bar Council; expressly declared commitment to fulfil the code of ethics, with the reproduction of the text, that is with the information of means allowing its finding and reference; indication of the person responsible for it; data of a possible insurance policy with coverage also for on-line performances and mention of the maximum; information of current fees. C) The following are forbidden: the data concerning a third party, the client's surname (also with the client's consent); specialisations (except the cases provided for by the law), the fee for a single service (publishing that the first consultation is free of charge is forbidden); the percentage of law-suits won or the boasting of merits; the personal turnover or the practice's; promises of recovery; the offering of services (with regard to what set forth by art.19 of the code of ethics).
III - The name of a late lawyer, who was member of the practice, may be mentioned, providing he/she expressly mentioned that in his will, or when there is unanimous consent of the heirs.
Art. 18 Relation with the press. In his relation with the press and the other mass-media, the lawyer shall abide by criteria of moderation when releasing statements, with regard to privacy and discretion towards the client and to avoid competition to the colleagues.
I - The lawyer, with the consent of his/her client and on behalf of the same, is entitled to supply news to the mass-media and the press, providing they are not under secrecy of inquiry.
II - It is violation of ethics pursuing advertising ends also through indirect contributions to press articles; emphasising his own performance or success; mentioning the client's name; offer professional service; keeping relations with mass-media and the press for personal end.
Art. 19 The acquisition of clients is forbidden. Offering professional service to a third party and every activity aiming at the acquisition of clients through agents or other illicit means is forbidden.
I - The lawyer shall not give a colleague or anybody else any fee, commission or compensation as the equivalent for the introduction of a client.
II - The offer of gifts or performances, or the promise of advantages to obtain assignments, constitutes disciplinary violation.
Art. 20 Unsuitable and offensive words are forbidden. Independently of civil and penal dispositions, the lawyer shall avoid unsuitable and offensive words in the trial acts and the professional activity in general, both towards colleagues and magistrates, counter-parts and third parties. Retaliation, provocation or mutual offences do not rule out the violation of ethics.
Art. 21 The professional activity with no title or by means of inexistent titles is forbidden. The registration at the Rolls is the essential requisite to perform the judicial and extra-judicial activity of assistance and counselling and the use of the relevant title. The use of inexistent professional title or the performance of activity without the title or during its suspension are subject to disciplinary sanctions; also the colleague who, directly or indirectly, let the irregular activity possible is subject to sanctions.
TITLE II - RELATIONS WITH COLLEAGUES
Art. 22 Relations with colleagues in general. The lawyer shall keep a correct and loyal behaviour towards his colleagues.
I - The lawyer shall answer the information asked for by the colleague with promptness.
II - Except for particular reasons, the lawyer shall not turn down the mandate to act against a colleague, when the request is well founded or the colleague claim has no basis; the lawyer shall inform the Bar Council as soon as possible about the penal and civil measures to promote towards the colleague for an attempt at conciliation. In case of urgency or privacy the communication may be postponed.
III - The lawyer shall not record a telephone call with the colleague. The recording, during a meeting, is allowed only with the consent of those present.
Art. 23 Relation with colleagues and duty of defence in trial. When performing the judicial activity, the lawyer shall comply with the defence duty, protecting the relation with the colleague as much as possible.
I - The lawyer shall be punctual at the hearings and at the meeting his/her colleagues.
II - The lawyer shall oppose the opponent's request for the hearing postponement, for the storing of documents and the like, when they are unjustified and detrimental to the client.
III - The lawyer shall endeavour so that his/her client will pay the charges and fees settled in Court in favour of the opponent.
IV - The defender, entrusted with the assignment by the defendant, shall timely inform the colleague, appointed by the Court, of the mandate received.
V - When exercising the mandate, the lawyer is allowed to co-operate with the defenders of the other accused, exchanging information, acts and documents in the interest of the client and complying with law.
VI - In case of joined defence, the defender shall consult the co-defender for every decision and shall inform him/her about the consultation with the mutual client, for the actual sharing of professional strategy.
Art. 24 Relation with the Bar Council. The lawyer shall co-operate with his/her own Council or another requesting that, for the fulfilment of institutional ends, abiding by the truth. To this end, every person registered in the Rolls shall report the Council of events concerning the forensic area or the justice administration, demanding a collegial deliberation.
I - In the sphere of disciplinary proceeding, the lacking answer to the charges received and the lacking production of observation and defence do not constitute disciplinary illegality. Such behaviour may be taken into consideration by the judging body with free judgement.
II - Anyhow, when the Bar Council ask a member clarification, news or fulfilment concerning a statement from a party or a colleague aiming to obtain news or fulfilment in the interest of the claimer, if a timely answer is lacking, this constitutes disciplinary illegality.
III - The lawyer appointed as a member of the Bar Council shall perform the task with diligent impartiality and in the interest of the profession.
Art.25 Relation with the colleagues of the practice. The lawyer shall let his/her collaborators improve the professional training, rewarding the co-operation in proportion to the contribution received.
Art. 26 Relation with the apprentice The lawyer shall grant the apprentice the efficiency and usefulness of the forensic experience, to allow adequate training.
I - The lawyer shall give the apprentice adequate working place, granting the same, after a starting period, a compensation in proportion to the professional work received.
II - The lawyer shall certify the truth of the notes contained in the booklet of forensic training only after adequate control and without indulging in reasons of friendship.
III - The lawyer entrusting the apprentice with defence activity not allowed is responsible from a disciplinary viewpoint.
Art. 27 Obligation to correspond with the colleague. The lawyer is not allowed to put in direct touch with the counter-part assisted by other lawyer.
I - Only in particular cases, in order to ask for certain behaviour, to intimate arrears or to avoid prescriptions or losses, will the correspondence be sent directly to the counter-part, always sending a copy to the opponent lawyer.
II - The lawyer accepting to receive the counter-part without informing the colleague entrusted with
the assistance, to get the consent to the meeting, is liable for disciplinary illegality.
Art. 28 Producing the correspondence exchanged with colleagues is forbidden. Qualified personal letters must not be produced or reported. The same applies to the correspondence containing transactive proposals exchanged with colleagues.
I - The correspondence exchanged with colleagues may be produced if, just by means of such correspondence, an agreement was reached.
II - The lawyer's correspondence assuring the fulfilment of the performance requested may be produced.
III - The lawyer shall not handle the client any confidential correspondence with the colleagues, but is allowed, if the professional mandate expires, to handle it to the professional taking his/her place. The latter shall abide by the same criteria of privacy.
IV - The lawyer shall inform the opponent colleague of the interruption of extrajudicial transactions, due to possible starting of legal action.
Art. 29 News concerning the colleague Exibiting in Court documents concerning the personal position of the opponent colleague and the use of news concerning his/her person is strictly forbidden, except when there is essential connection with the deeds.
I - The lawyer shall abstain from giving negative opinions about a colleague's professional activity and behaviour; in particular about his/her behaviour and presumed mistakes and inefficiency.
Art. 30 The lawyer shall pay the colleague's performance. Except when it was agreed differently, the lawyer directly entrusting a colleague with the function of delegation and help, shall pay him/her personally, when the assisted party does not fulfil the duty.
Art. 31 Obligation to supply the colleague with instructions and information. The lawyer shall supply the correspondent with timely instructions, while the latter shall give the colleague timely and detailed information about the present and future activity as well.
I -The election of domicile at another colleague's shall previously made known and allowed.
II - The correspondent is not allowed to define directly a controversy, by means of transaction, without informing the colleague who entrusted him/her with the assignment.
III - The correspondent, in want of instructions, shall endeavour in the most appropriate way to protect the client's interest, informing the colleague who entrusted him/her with the assignment as soon as possible.
Art. 32 Contesting the composition reached with the colleague is forbidden. The lawyer who reached a composition accepted by parties with the opponent lawyer, shall abstain from proposing judicial impugnment of such transaction, except when the impugnment is justified by particular facts unknown or occurred later.
Art. 33 Replacing a colleague in the defence activity. In the case of replacement of a colleague during a trial, on account of revocation or resignation, the new lawyer shall inform the colleague replaced of his appointment, endeavouring, with no prejudice for the defence activity, so that le legitimate requests for the performance accomplished are satisfied.
I - The lawyer replaced shall endeavour so that the change in the mandate does not do damage to the client, supplying the new defender with every datum to simplify the defence.
Art. 34 Responsibility of attorneys and associates. Unless the fact constitutes autonomous responsibility, collaborators and auxiliaries are not responsible from a disciplinary point of view for the performance of acts due to specific assignment received from a colleague.
I - In case of professional association, only the lawyer or lawyers to whom the specific facts refer, are responsible from a disciplinary point of view.
TITLE III - RELATION WITH THE CLIENT
Art 35 Relation of trust The relation with the client is founded on trust.
I - The assignment shall be conferred by the client or by other lawyer defending him/her. When it is conferred by a third party, meaning to protect the client's interest or his own interest, the assignment shall be accepted only with the client's consent.
II - The lawyer shall abstain, after the mandate conferment, from establishing economic, patrimonial or trade relations with the client, in some way affecting the professional relation.
Art 36 Autonomy of the relation. The lawyer shall defend the client's interests as well as possible, within the limits of the mandate and complying with law and ethics.
I - The lawyer shall not consciously advise unreasonably burdensome actions or suggest illegal, fraudulent or void behaviour or actions.
II - The lawyer, before accepting the assignment, shall ascertain the client's identity and his/her possible representative's.
III - In any case, complying with the professional duties also for what concerns the secret, the lawyer shall not receive or manage funds not referable to a client clearly recognized.
IV - The lawyer shall not perform his/her activity when from the data known he/she can assume it aims to achieve something illegal.
Art 37 Conflict of interests. The lawyer shall abstain from performing the professional activity when it creates a conflict with the client's interests or interferes with other assignment also non-professional.
I - The conflict of interests exists also when the performance of a new mandate creates the violation of the secret concerning information given by another client, or when the knowledge of a party's business can unjustly advantage the new client, or when the performance of a previous mandate limits the lawyer's independence in the new assignment.
II - The lawyer who defended husband and wife together in family controversies shall abstain from defending one of them in subsequent controversies between the two of them.
III - The obligation to abstain holds also if the parties having conflicting interests address lawyers taking part in the same professional association.
Art. 38 Non-fulfilment of mandate. The missing, delayed or negligent fulfilment of acts relating the mandate, deriving from inexcusable and serious neglect of the client's interest, constitutes violation of professional duties.
I - The defender appointed by the Court shall accomplish the assignment with diligent care; when prevented from taking part in single activities he/she shall timely inform the Authority or entrust a colleague with the defence; the latter, accepting it, is responsible for the accomplishment of the assignment.
Art 39 Abstaining from hearings. The lawyer is entitled to abstain from hearings as proclaimed by the forensic body complying with what set forth by the self-regulation code and applicable law.
I - The lawyer exerting the right of non-abstention shall previously inform the other defenders appointed.
II - Adhesion or dissociation to the proclaimed abstention in conformity with his/her own profit is not allowed. The lawyer adhering to abstention is not entitled to dissociate with regard to single days or his/her own professional activity.
Art.40 Duty to inform the client. When entrusted with the assignment , the lawyer shall clearly inform the client of the nature and importance of the controversy or of the activities to accomplish, specifying possible solutions. The lawyer shall also inform the client how the mandate is progressing, of his own accord or when the client asks for it.
I - When asked for, the lawyer shall inform the client about the possible length and cost of the law-suit.
II - The lawyer shall inform the client of the necessity to accomplish certain acts, to avoid prescription, loss and other detrimental effects.
III - The defender shall report to the client the content of what he/she has known while performing the mandate.
Art. 41 Administration of other people's money. The lawyer shall behave with punctual care in the administration of money received from the client, from a third party or on the client's behalf for certain questions; the lawyer shall carefully account for it.
I - Keeping the money received on the client's behalf beyond the time strictly necessary, constitutes disciplinary violation.
II - In case of fiduciary deposit, the lawyer shall ask for written instructions and comply with them.
Art. 42 Handling back of documents. When asked for by the client, the lawyer shall timely handle back the documents received from the same for the accomplishment of the mandate. The lawyer is allowed to keep a copy of documents, without the client's s consent, only when it is necessary for the settling of payment and not beyond it.
Art. 43 Demand of payment. As a rule, the lawyer asks the client for some expenses in advance, appropriate accounts on his/her fee during the mandate and the right retribution when the assignment has been accomplished.
I - The lawyer shall not ask for retributions clearly excessive for the activity performed.
II - The lawyer shall not ask for a retribution higher than the one previously mentioned, for default of payment unless he/she made due reservations.
III - The lawyer shall not condition the payment to the client of sums of money received on the client's behalf to the recognition of his/her rights or the accomplishment of particular performances.
IV - The lawyer is allowed to agree on lump sum fees, in case of continuative counselling and assistance, providing they are proportionate to the commitment and do not violate the law binding minimum.
Art. 44 Compensation The lawyer is allowed to keep the sums received from the client or a third party as a refund for the expenses borne, informing the client; he/she is allowed to keep the sums received, as payment of his/her fee, when there is the client's consent or when he/she has not yet received sums settled by the judge as rights and fee charging the counter-part, or when he/she has already expressed a demand of payment accepted by the client. Beyond the above-mentioned cases or in case of contestation, the lawyer shall immediately put the sums received on the client's behalf at disposal of the same.
Art.45 Asking a percentage of the controversy value is forbidden. The pact aiming to obtain, as the consideration of the professional performance, a percentage of the asset of controversy or a percentage related to the value of the controversy, is forbidden. The written pact of a supplement retribution, in addition to the agreed one, in case of success of the controversy, providing it is within reasonable limits and justifiable by the result achieved, is allowed.
Art. 46 Actions against the client for the retribution payment. The lawyer is allowed to start legal proceedings against the client for the payment of his/her own professional performance, upon waiver of mandate.
Art. 47 The lawyer is entitled to waive the mandate.
I - In case of waiver of mandate the lawyer shall give the client notice proportioned to circumstances, informing the same of what is to be done to avoid detriment to the defence.
II - When the client does not timely appoint another defender, for what concerns the law obligations, the lawyer is non liable for the subsequent lack of assistance, but he/she shall inform the party of the communications received.
III - When it is impossible to find the client, the lawyer shall communicate the giving up of mandate with registered letter to the client to the private address and to the latest place of residence known.. With the accomplishment of such formalities, the lawyer is exempt from every other activity, whether or not the client has actually received such communication.
TITLE IV - RELATION WITH THE COUNTER-PART, THE MAGISTRATES AND THE THIRD PARTIES
Art .48 Menace of actions to the counter-part. The lawyer's injunction to the counter-part aiming to obtain accomplishments under threat of actions, bankruptcy proceedings and other sanctions, is allowed when it tends to inform the counter-part of possible judicial initiatives in progress or future; on the contrary, it does not abide by ethics when oppressive actions or initiatives are threatened.
I - When the lawyer plans to summon the counter-part to his/her practice for talks, before starting a law-suit, he/she shall inform the counter-part that a trustworthy lawyer is allowed to be present.
II - Charging the counter-part with fees and expenses for the extrajudicial activity performed, is allowed, providing it is for the client's sake.
Art.49 Multitude of actions against the counter-part The lawyer shall not worsen the debt situation of the counter-part with burdensome or multiple judicial initiatives when actual reasons for the client's protection do not require that.
Art. 50 Demand of professional remuneration to the counter-part The lawyer shall not ask the counter-part for the payment of his/her professional remuneration, unless it was specifically agreed, with the client's consent and in accordance with applicable law.
I - In particular, the lawyer is allowed to ask the counter-part for his/her fee when a judicial transaction occurred and with the client's default.
Art.51 Undertaking assignments against former clients Undertaking professional assignment against a former client is allowed when a reasonable interval of time has elapsed; when the object of the new assignment has nothing to do with the previous one and there is no chance to use the news previously acquired.
I - The sensibleness of the term shall be estimated also in relation to the intensity of the client's relation.
Art. 52 Relations with witnesses The lawyer shall avoid engaging with the witnesses about circumstances dealt with in the prosecution with strains or suggestions aiming to achieve obliging statements.
I - The right to defensive investigation in the ways and terms set forth by the code of penal procedure is valid, with observance of the following dispositions.
1. The defender and the one appointed by the Court shall equally comply with the instructions concerning the development of defensive investigations.
2. In particular, the defender shall consider the need or opportunity to perform investigations relating the needs and aims of the defence on the client's behalf.
3. The choice of the object, ways and forms of investigations and use of the outcome as well, is the defender's competence.
4. When the defender resort to substitutes, to the staff of the practice, to detectives authorized and technical counsellors, he/she is allowed to supply them with the information and documents necessary to the accomplishment of the assignment, also if a secretive intervention on acts occurred, recommending the bond of secret and the obligation to inform only the defender of the outcome.
5. The defender shall keep the professional secret about the defensive inquiries and their content, until he/she makes use of them in the proceeding, except for the revelation for right cause on the client's behalf.
6. The defender shall carefully and with discretion keep the documents of the defensive inquiry throughout the time necessary for the fulfilment of defence.
7. The defender and the subjects involved shall not give any retribution under any form to the people asked for the defensive inquiry, except for the refund of documented expenses.
8. The defender shall inform the people involved in the inquiry of his/her own legal function, with no obligation to reveal the client's name.
9. The defender shall also inform the people involved that, if they make use of the right not to answer, they may be called before the Public Prosecutor or to testimony before the judge, where they shall answer also the defender's questions.
10. The defender shall also inform the people undergoing the inquiry or prosecuted in the same proceedings or in a connected one, that, if they make use of the abovementioned right, they may be called before the judge in the probative evidence.
11. When the defender means to have access to a private place, he/she shall ask for the consent of those having the availability, informing them of his/her legal function, the nature of the incoming access which shall be allowed by the judge, wanting the consent.
12. In order to confer, ask for written statements or obtain information from the victim of the crime, the defender shall send a written invitation, previously informing the victim's lawyer, when there is one. If the victim is not assisted, the opportunity for a lawyer's presence shall be mentioned in the written invitation. In case of a minor, the invitation shall be sent also to those having paternal authority, with power of intervention.
13. The defender, also when he/she does not draw up a report, shall document the state of places and things, procuring that nothing is changed, altered or dispersed.
14. The defender shall respect all dispositions set forth by law and shall put into practice all cautions suitable for obtaining true statements.
15. The defender shall document the information obtained in its entire form. When also the sound report is asked for, the information may be summarized.
16. The defender is not obliged to release a copy of the report to the person giving the information, nor to his/her defender.
Art.53 Relations with magistrates. The relations with magistrates shall be marked by the dignity and respect suitable for mutual functions.
I - Except for particular cases, the lawyer is not entitled to talk to the judge appointed about the civil trial in progress, if the opponent lawyer is not present.
II - The lawyer called to accomplish functions of honorary magistrate shall comply with all obligations concerning such functions and with the regulations of incompatibility.
III - The lawyer shall not take advantage of possible friendships, familiarity or confidence with magistrates to obtain favours or preferences. In any case he/she shall avoid underlining the nature of such relation while in office, towards or in the presence of a third party.
Art. 54 Relations with arbitrators and technical advisers. The lawyers shall mark the relations with arbitrators and technical advisers with propriety and loyalty, respecting the mutual functions.
Art. 55 Arbitration The lawyer performing as arbitrator, shall comply with the duty of independence and impartiality.
I - In order to assure compliance with the duty of independence and impartiality, the lawyer shall not perform as customary or non-customary arbitrator, as arbitrator appointed by the parties nor as president, when professional ties with one of the parties involved are in progress or when the autonomy can be compromised by former relations. In particular the arbitrator appointed president shall inform the parties of the existence of professional ties with one of them, renouncing the assignment if requested.
II - In any case, the lawyer shall inform the parties of every actual circumstance and every particular relation with the defenders, which can affect his/her autonomy, in order to obtain the parties' consent to the accomplishment of the assignment.
Art. 56 Relations with third parties The lawyer shall address the auxiliaries of justice, his/her own staff and all the people he /she will be in touch with while performing the profession, with propriety and respect.
I - The lawyer shall behave in his/her interpersonal relations in such a way as not to compromise the third party's trust in his/her ability to accomplish the professional duties and in the dignity of the person, also when non performing the profession.
Art. 57 Forensic elections The lawyer taking part as candidate or supporter of candidates in elections of representatives of the legal profession shall behave properly, avoiding public attention and initiatives unsuitable for the dignity of functions.
Art. 58 The lawyer's testimony As far as possible, the lawyer shall abstain giving evidence about circumstances known while performing the professional activity and relating the mandate received.
I - When before the judge, the lawyer shall never commit his/her word about the truth of the facts mentioned in Court.
II - When the lawyer intends to give evidence, he/she shall renounce the mandate and will not be able to take it again.
Art. 59 obligation to fulfil the obligations towards third parties. The lawyer shall regularly fulfil the obligations taken towards third parties.
I - The non-fulfilment of obligations not related with the profession is disciplinary illegality when, on account of form or seriousness, it is such as to compromise a third party trust in the lawyer's ability to comply with his/her professional duties.
TITLE V - FINAL DISPOSITIONS
Art. 60 Closing rule The specific dispositions of this code constitute exemplifications of the most frequent behaviours and do not limit the scope of application of the general rules expressed.