Conflict of Interest Policy
1. Introduction
The Legal Notice and Terms of Engagement apply in their entirety to this document. The definitions set forth in the Legal Notice are hereby incorporated by reference and shall apply throughout this document.
2. General Overview
This Conflict of Interest Policy (“Policy”) applies to all BOPA Lawyers and other personnel, including but not limited to Partners, Attorneys at Law, and Associates. This Policy also applies to all sub-contractors engaged by BOPA on an ad-hoc basis. Furthermore, all persons engaged in any way by BOPA, including those conducting tasks, shall observe this Policy (hereinafter: “BOPA Personnel”).
3. OBLIGATIONS OF LAWYERS
Pursuant to Article 255 Statute of Bar of the Republic of Serbia and Article 22 of the Code of Professional Ethics of Attorneys, an attorney is obliged to refuse provision of legal assistance in the following situations:
- If an attorney at law represented an opposite party in the same legal matter;
- If an attorney at law represents an opposite party in another legal matter at the same time;
- If an attorney at law was a legal trainee in a law office in which an opposite party is or was represented in the same legal matter;
If an attorney at law was a member of a joint law office or unlimited partnership of attorneys in which an opposite party is or was represented in the same legal matter; - If an attorney at law acting as a judicial officer or official in a state body, territorial autonomy body, or local self-government body in the same legal matter;
- If the interests of a person who requests legal assistance are contrary to his interests or the interests of his close relatives, associates, or other parties;
- If an attorney at law acted as an intermediary or advised an opposite party or he received information from an opposite party, which represents the professional secret of an attorney, in the same legal matter;
- If legal assistance relates to a dispute arising from a contract, agreement, out-of-court settlement, will, or other document which an attorney at law drafted or against the holder of right on a property that was in the custody of the attorney;
- If there is a possibility that conflict may arise between clients in the same legal matter;
- If legal assistance is related to a co-party or co-defendant whose interests are opposite to some of the existing clients.
In addition, BOPA has zero tolerance for any form of direct or indirect discrimination based on skin color, national or social origin, property, birth or other status, religion, sexual orientation, political orientation, or other personal affiliation. Accordingly, such personal circumstances of a client and/or potential client or their representatives will not, in any way, affect our decision on engagement.
In relation to the courts and other public bodies, Lawyers shall not affect the course or result of legal proceedings pending before the mentioned bodies by using unethical or unlawful means.
4. ENSURING COMPLIANCE
BOPA strives to provide legal assistance in a highly professional manner. In this regard, it is necessary for us to be informed by clients and/or potential clients on the existence of circumstances that could cause a conflict of interest. If a client and/or potential client fails to inform us of those circumstances, of which BOPA Personnel, acting with professional care, could not be aware, BOPA will not be liable for any damage arising thereof.
If a member of BOPA Personnel finds that there is a risk of conflict of interest in relation to legal assistance that is provided or is likely to be provided by BOPA, they shall immediately inform the Managing Partner accordingly. The Managing Partner will diligently assess the matter and take measures to avoid conflict of interest and mitigate any negative consequences.
In addition, the Managing Partner will take all necessary steps to ensure that BOPA Personnel are well acquainted with all attorneys' obligations in relation to the avoidance of conflict of interest. BOPA will ensure that BOPA Personnel are properly introduced to their obligations, which relate to avoiding conflict of interest, in particular reporting obligations.
5. BREACH OF THE POLICY
In case of breach of any of the above obligations by any member of BOPA Personnel, BOPA will apply appropriate measures so as to ensure general and special prevention of such misconduct among BOPA Personnel.