Code of Conduct
All lawyers within the Cyrus Ross law firms abide by the highest professional standards.
They are subject to the ethics of their local Bar association, and to those of the European Council of the Bars and Law Societies of Europe (for those of them who are located within the European Union).
In addition thereto, all lawyers within the Cyrus Ross law firms abide by the following specific "Code of Conduct":
1. All and any lawyers working with a law firm which is a member, or associate member, of Cyrus Ross shall abide by this Code of Conduct, in order for that firm to remain a member. They shall, at all times, abide by the highest professional standards and ethics and shall strive towards the best professional abilities. This code of conduct shall govern the internal relationship between member firms and shall be in addition to not in substitution for any other rules and regulations that may be or have been adopted by Cyrus Ross International. It shall apply to all member firms unless it or any part thereof is contrary to the law of and/or bar association (or equivalent) of any member country.
2. Members shall, at all times, maintain the honour and dignity of their profession. They shall in practice abstain from any behaviour which may tend to discredit their profession, their clients, Cyrus Ross or the individual members of Cyrus Ross.
3. Members shall preserve independence in the discharge of their professional duty.
4. Members shall treat their professional colleagues with the utmost respect, courtesy and fairness.
5. Members who undertake to render assistance to foreign colleagues by accepting a referred case must bear in mind that the foreign colleague has to depend upon them to a much larger extent than in the case of a lawyer in that country who may recommend a case. Therefore there is a higher burden of responsibility upon the firm giving advice and in handling the case. It is imperative that all member firms only undertake work that they are qualified to carry out and that in handling any work they do so promptly with the highest of professional standards and without undue interference by the pressure of other work.
6. Members should never represent conflicting interests in litigation. In non-litigation matters, all lawyers should only represent a party after having disclosed all conflicts or possible conflicts of interest to all concerned and relevant parties and then only continue to act with their consent. This rule also applies to all lawyers in a member firm.
7. Members should not disclose, unless specifically authorised by the client (or by a court of competent jurisdiction) or as may be required by the law of the country, anything that has been communicated to them in their capacity as lawyers even after they have ceased to be lawyers to the client. This duty extends to other lawyers in the member firm and within Cyrus Ross.
8. In financial matters members shall conduct themselves in an honest diligent and punctual manner.
9. Where members engage another member on a sub-contract basis in another country to advise on a case or to co-operate in handling the case, the member so engaging is responsible for the payment of the latter's charges, except where there has been express agreement to the contrary. When members direct a client to a foreign member, they are not responsible for the payment of the latter's charges. In making a recommendation of a client to another member firm the referring member shall let the other office know about the financial status of the client so that the question of fees may be addressed at an early stage to avoid difficulties later.
10. When a member (here and after called the "referring member") refers a case or client to another member (hereinafter called the "receiving member"), the referring member should only do so through the "contact person" at the relevant firm. A member shall have only one contact person in their firm whose name shall all be kept on a central register.
11. When a client is referred, the receiving member will acknowledge receipt of the referral as soon as possible, preferably by return either by email, post or fax to the referring member.
12. The receiving member will contact the client directly and will inform the referring member of the method (personal meeting, phone, post etc.) of taking instructions from the client.
13. When the receiving member has received full instructions from the client the receiving member will inform the referring member that he/she has received full instructions and that he/she is continuing to act in the case, or otherwise, as the case may be. Implicit in the statement that the receiving member is continuing to act, is the statement that the receiving member is competent to act, will act promptly and in the best interests of the client and in conformity with the Code of Conduct.
14. The receiving member will only continue to act where it has sufficient professional indemnity insurance to cover the amount of any transaction referred to it.
15. A receiving member is bound by a duty of confidentiality to the client. The receiving member will nonetheless inform the referring member about the case, unless the client requires it not to do so. In addition to informing the management board the receiving member shall deliver details to the referring member also.
16. In the event of a complaint being made against a member, either by a client or by another firm, it shall be passed to the management board, and the same shall enquire into the matter. If the board finds that the complaint is of a serious nature or if it relates to a breach of this code of conduct, or if it otherwise compromises the interests of Cyrus Ross it shall be reported to the next general meeting of members and the board shall make recommendations to that meeting. Members will have a duty to make full and frank disclosure to the board and to give copies of appropriate documentation and correspondence. The rights of the related firm, as to the defence of their position, shall of course be respected and full details of the complaint shall be put to that firm and a reply shall, in the event of publication of the initial complaint, be attached to the said complaint. This shall be in addition to and not in substitution for any complaints procedure that may be made (or be capable of being made) through the local bar association (or equivalent). In relation to the provision of information and documentation to be supplied to the Management Committee that shall be supplied on a confidential basis and to be used by the Management Committee for the purpose of investigating any complaint. The Management Committee shall not, unless specifically authorised to do so, reveal such information to any third party or member firm.
17. New members joining Cyrus Ross shall be asked to confirm that they will abide by the code of conduct.
18. Where provision or provisions of this code of conduct conflicts with any other professional rule of a member firm then that provision or provisions shall be deemed to be deleted in so far as the application of this code of conduct is concerned to the relevant member firm.
19. Alterations, additions and variations to this code of conduct may be made by a majority at a general meeting of Cyrus Ross.