Codex Ethicus (Lawyers’ Code of Conduct)
C O D E X E T H I C U S (Attorneys’ Code of Conduct)
OF
THE ICELANDIC BAR ASSOCIATION.
I. General Principles of Good Legal Practice
Article 1
An attorney shall uphold justice and avert injustice.
An attorney shall attend to all cases to the best of his or her knowledge in accordance with law and his or her conscience.
Article 2
An attorney shall protect the integrity of the legal profession, both in his or her professional work and in other activities.
Article 3
An attorney shall act independently in his or her work and defend the independence of the legal profession.
An attorney shall not allow external interests, whether his or her own or those of others, to influence his or her advice given in the course of process before an official authority or a court of law or in any other service rendered to a client.
An attorney has absolute discretion in deciding whether to accept an assignment or not, except as otherwise provided by law.
Article 4
An attorney shall not lend his or her name or provide legal assistance to any person wishing to practice law without the licence required by law.
An attorney shall not in any manner facilitate the performance by a person not licensed to practise law of any task that law or custom requires to be performed by an attorney.
Article 5
In any discussion in the media or any public discussion of a case that an attorney is or has been involved in, the attorney is required to respect any request by a client for him or her to refrain from discussing the case on his or her behalf.
An attorney is at all times permitted to protest or correct false and misleading news of a case.
Article 6
Knowledge that comes into an attorney’s possession in the course of work shall not be disclosed to unauthorised persons, even when not subject to confidentiality. An attorney shall stress this rule to his or her staff members.
An attorney shall not utilise information disclosed to him or her in confidence for the benefit of any counterparty.
Article 7
An attorney may not, without the consent of the person or persons concerned, make sound or video recordings of communications, such as talks, telephone conversations, meetings or other discussions, whether the attorney is himself or herself is a participant or not. Recordings obtained in contravention of the first clause of this paragraph may not be used as evidence in legal proceedings before a court of law.
II. Duties of an attorney to his or her client
Article 8
In accordance with the principle of Article 1, an attorney shall defend the interests of his or her clients in a dedicated manner. The attorney shall do this without regard for his or her own interests, personal opinions, politics, ethnic background, religion, race, gender, gender orientation or other extraneous factors which do not have a direct bearing on the matter in question itself.
An attorney shall at all times provide a client with an objective assessment of his or her case.
An attorney shall avoid identifying himself or herself with his or her client and has the right not to be identified with any viewpoints or interests that he or she is protecting on behalf of his or her client.
An attorney shall not accept an assignment that he or she knows, or reasonably should know, that he or she is incapable of handling with knowledge and professionalism, unless the assignment is undertaken in collaboration with an attorney who is qualified in the field in question.
An attorney shall not accept an assignment for a client whose identity is unknown to him or her. In case of doubt, an attorney is required to take reasonable measures to obtain knowledge of the client and the client’s authority to assign the case. However, it is always permitted to undertake an assignment at the request of another attorney or by official appointment.
Article 9
An attorney is required to inform his or her client of any circumstances which could render him or her dependent upon a counterparty or cast doubt on his or her attitude vis-à-vis the counterparty, such as family relationship, business relationship, financial interests or any other similar links.
Article 10
An attorney should charge a reasonable fee for his or her work. In assessing what would constitute a reasonable fee account may be taken, inter alia, of the nature of the case in question, the interests at stake, significance for the client, results, the time that the attorney is required to devote to the case, the attorney’s specialisation and the responsibility entailed by the work.
An attorney is permitted to charge a fee in proportion to the financial reward of legal proceedings.
The attorney shall inform his or her client of the basis for the calculation of his or her fee.
An attorney shall endeavour to inform his or her client of the potential total cost of legal proceedings and apprise the client if the cost may be expected to be high relative to the interests at stake.
An attorney is not permitted to require a retainer from a client in excess of what may be anticipated as a reasonable fee for the work.
An attorney is required to obtain the consent of a client if his or her case needs to be assigned to another attorney. The same applies if other expert assistance is needed, such as the assistance of assessors or inspectors if this entails significant cost.
An attorney is required to bring to the attention of his or her client the possibility of free legal aid or other legal recourses where appropriate.
Article 11
An attorney shall not provide assistance to, or represent the interests of, two or more clients in the same case if their interests conflict, nor shall he or she represent the interests of a client if the client’s interests conflict with the attorney’s interests, unless the provisions of paragraph 4 apply. The same applies if there is significant risk of conflict of interest.
An attorney shall also avoid taking on a new client if the interests of that client and the interests of the attorney’s existing clients are incompatible or potentially incompatible.
An attorney shall not represent the interests of a client in conflict with his or her obligation of confidentiality to a former client.
An attorney is required at all times to assess the risk of conflict of interests.
An attorney is permitted to assist or represent a client notwithstanding conflicts of interests or potential conflicts of interests in the understanding of paragraph 1, if:
(a) the clients have given their informed consent;
(b) appropriate measures have been taken to prevent violation of the attorney’s obligation of confidentiality; and
(c) conflicts of interest or potential conflicts of interest do not prevent the attorney from protecting the client’s interests in a dedicated manner.
The provisions of this paragraph shall apply to protection of interests in the resolution of disputes before a court of law, arbitration tribunal, government authorities, the Attorneys’ Disciplinary Committee or other ruling authorities.
In the event of a conflict of interest arising in the course of work of an attorney, or if the conditions of paragraph 5 no longer apply, an attorney shall promptly take remedial measures, e.g. by withdrawing from the assignments in question from the clients involved, as appropriate.
The provisions of this article shall be applied to attorneys who operate a law firm in partnership or who engage in other co-operation on the operation of a law firm.
Article 12
An attorney who accepts an assignment shall proceed with the assignment at a reasonable pace of progress. The attorney shall notify his or her client if the assignment is delayed or may be expected to be delayed.
An attorney is permitted at any stage to withdraw from an assignment. However, an attorney is not permitted to withdraw from an assignment without the client being afforded an opportunity to avert potential damage to his or her case and to engage another attorney.
Article 13
An attorney shall keep funds owned by his or her client separate from the attorney’s own funds in compliance with rules on attorney trust accounts.
An attorney shall at all times be able to return any funds held in trust for his or her client.
Article 14
An attorney is required, without unreasonable delay, to deliver to his or her client any collected funds and other funds that the attorney has taken delivery of on behalf of his or her client.
However, an attorney is always permitted to retain in his or her possession sufficient funds to secure the payment of any cost incurred in respect of assignments entrusted to the attorney at any time, provided that the attorney gives an adequate account of the cost.
Settlements of accounts by attorneys with clients and statements shall be detailed.
Article 15
An attorney shall provide his or her client with an itemised invoice for the cost of any assignment. If a fee is based on an hourly rate, information shall be provided from a record of work hours if requested.
Article 16
An attorney should retain in his or her possession any documents and other records that he or she has taken delivery of in connection with his or her client’s case until the client has settled in full any costs and fees relating to the case as invoiced.
However, an attorney’s right under paragraph 1 does not apply if retention of documents exposes the client to an injustice which cannot otherwise be averted. The same applies if the attorney’s commission is withdrawn for a valid reason, e.g. on grounds of unreasonable delays in the process of a case or on grounds of similar reasons.
In the event of a dispute over the amount quoted by an attorney, the board of directors of the Icelandic Bar Association may decide whether a part of the amount should be paid immediately and security posted for the remaining amount until a final resolution has been achieved of the dispute. The attorney is then required to surrender the documents, provided that the client has accepted and fulfilled the terms established by the board.
Article 17
An attorney is bound by confidentiality to his or her client with regard to his or her work.
The obligation of confidentiality shall remain in effect indefinitely.
All information on a client or his or her affairs that an attorney receives or that comes to his or her attention in the course of work is subject to confidentiality, regardless of the origin of the information.
All other documents and records that an attorney prepares or delivers to his or her client are subject to confidentiality.
Notwithstanding the obligation of confidentiality, an attorney may disclose information that would otherwise be subject to confidentiality:
(a) on the basis of a clear legal obligation, or in order to comply with a final decision of a court of law;
(b) in the interest of his or her client or at the client’s request, provided that such disclosure is not precluded by law; or
(c) in disputes between an attorney and his or her client, provided that the information is necessary for process. “Process” here refers to disputes conducted before the courts of law, an arbitration tribunal, government authorities or other ruling authorities.
An attorney shall take appropriate steps to ensure that associates with legal training working as his or her representatives, the staff of his or her law firm, or others that he or she may consult or cooperate with in connection with his or her legal practice observe confidentiality in the same manner.
Article 18
An attorney may not undertake guarantees in favour of his or her clients.
III. On relations between attorneys and the courts of law
Article 19
An attorney shall show courts of law due courtesy and respect in his or her speech, writing and conduct.
Nevertheless, an attorney shall defend the interests of his or her client before the courts in a dedicated and honest manner without regard for his or her own interests or the interests of others.
Article 20
An attorney shall never, against his or her better knowledge, provide a court of law with false or misleading information on matters of fact or law.
Article 21
An attorney shall not contribute to the corruption or concealment of evidence; however, an attorney is under no obligation, and is not permitted against the wishes of a client, to provide documents and information that are incriminating for the client.
An attorney is not permitted to present in court a settlement offer from a counterparty which has been made outside the court except with the permission of the counterparty.
An attorney is permitted to contact witnesses in a case in order to inquire what the witness is able to contribute regarding the facts of a case and, as appropriate, to enable the witness to prepare to give testimony. In the case of witnesses who have links with the counterparty the attorney is required to notify the counterparty’s attorney before contact is made, if possible, but otherwise as promptly as possible. If an attorney contacts a witness, the attorney shall show appropriate courtesy and refrain from influencing the witness’s testimony.
Article 22
An attorney shall endeavour to use care in the presentation of his or her case before the courts of law and contribute in other respects to swift and efficient process for his or her part.
Article 23
An attorney who has charge of a case before a court of law shall notify the court in question on any foreseeable non-appearance on his part and absences from practice as an attorney.
If an attorney withdraws from a particular case or ceases to practice of law as an attorney this shall be notified to the courts concerned.
Article 24
The provisions of this chapter apply also, as appropriate, to the conduct of attorneys and their work as advocates before an arbitration tribunal, complaint committees, disciplinary committees and other authorities.
IV. On relations among attorneys
Article 25
Attorneys shall work in a spirit of cooperation and show each other full respect in their speech, writings and conduct.
They shall show each other the courtesy that befits the interests of their clients.
Article 26
An attorney shall not directly approach a person regarding a case that is under the management of another attorney without the latter’s consent unless urgently necessary. The attorney in question shall then always be notified at once.
If a person who has entrusted a matter to an attorney himself or herself approaches the attorney of the counterparty, then the attorney of the counterparty shall turn such person away unless there are urgent reasons to act otherwise. In any case, the attorney involved shall always be notified.
Article 27
An attorney should only criticise the work of another attorney on an objective basis and shall refrain from damaging his or her reputation beyond the occasion given by the matter in question.
Article 28
If an attorney is assigned a case that has previously been assigned to another attorney, work on the case shall not begin until the accepting attorney has obtained assurance that the advocacy of the other attorney has ended or will be ended immediately.
Notwithstanding the above, however, an attorney is permitted to take requisite measures to prevent injustice to a party.
Article 29
An attorney who seeks the assistance or advice of another attorney regarding specific aspects of a case that has been entrusted to him or her is personally liable for the payment of expenditures and fees of that attorney except as otherwise explicitly agreed.
Article 30
An attorney shall not threaten the attorney of a counterparty with a formal complaint or lawsuit for the purpose of inducing him or her to take a specific action or refrain from taking some action in a counterparty’s case.
Article 33
An attorney is not permitted to charge a fee from another attorney or another party for referring a client to that attorney.
An attorney is not permitted to pay to another party a fee for his referral of clients to himself.
V. On the responsibilities of an attorney to a counterparty
Article 34
An attorney shall show the counterparties of his or her clients full respect in his or her speech, writings and conduct and all the courtesy that is compatible with the interests of the clients.
Article 35
An attorney shall not, in the furtherance of the affairs of his or her client, subject a counterparty to improper coercion, which includes:
̵ submitting, or threatening to submit, a formal complaint against the counterparty regarding conduct which is external to the client’s case;
̵ disclosing, or threatening the counterparty with disclosure of conduct which could be detrimental to the counterparty’s reputation;
̵ approaching, without specific reason, any uninvolved relatives of the counterparty in connection with his or her client’s case or threatening to do so.
Article 36
An attorney shall always, prior to initiating a lawsuit, present to the counterparty the claims made by his or her client and offer an opportunity to settle a case by reconciliation.
However, this does not apply if initiating a lawsuit is urgent due to imminent injustice or other damage to the interests of the client, or if circumstances in other respects require the taking of immediate action.
Article 37
An attorney representing a client in a case against a counterparty who is representing himself or herself should, as appropriate, advise the counterparty to seek legal counsel if the counterparty is in clear need of such counsel.
VI. On law firms, advertising etc.
Article 38
If attorneys enter into a partnership for their business they are required to make information accessible regarding the identities of the owners of the partnership and they are liable for legal work performed on behalf of the partnership. Such information shall be accessible at the partnership’s establishment or posted on the partnership's website.
The business name of a law firm shall not imply that any services are provided other than legal services.
An attorney shall notify the Icelandic Bar Association of the identity of the partnership operating a law firm.
Article 39
An attorney is not permitted to notify to the courts or advertise associates other than those working at his or her law firm.
An attorney is required to notify his associates to the office of the Association and comply other respects with Article 11 of the Act on attorneys.
Article 40
An attorney shall maintain proper organisation of his or her office, keep a close watch over his or her staff and take care that associates observe the proper conduct of attorneys.
An attorney shall ensure that his or her firm’s accounts, custody of funds, documents and other records are in compliance with law and good practice regarding such matters.
An attorney shall not permit unauthorised access to documents or other records of the firm that could concern his or her clients.
If an attorney operates a law firm in premises together with other professions with different obligations of professional secrecy, the attorney shall take special care to ensure that information that is subject to confidentiality for reasons of the interests of a client is not disclosed to other professions, e.g. through equipment use.
The same applies to the attorney’s staff.
Article 40 (a)
An attorney is required to maintain his or her knowledge of the law and professional qualification, e.g. by engaging in the continuous education necessary to carry out his or her work.
An attorney is required to ensure that his or her associates possessing legal qualifications receive appropriate training and guidance in their work.
Article 41
An attorney shall without unreasonable delay respond to letters and other communications that he or she may receive in his or her legal work. If it is not possible to respond to a letter or other communication within a reasonable time, the attorney shall notify the person concerned and note that a response will be sent when possible.
Article 42
An attorney may advertise and promote his or her service in compliance with law and good legal practice.
An attorney is not permitted to provide false, incomplete or misleading information in advertisements or promotional material, or in any other manner. An attorney is also prohibited from soliciting business by other similar means, e.g. by implying that he or she possesses special expertise in areas of law where such expertise is lacking.
Article 42 (a)
An attorney is not permitted to take advantage of the sensitive circumstances of a person for the purpose of obtaining work. An attorney is also not permitted, for the same purpose, directly or with the intermediation of another person, to exert pressure on, or threaten, a person.
VII. On sanctions etc.
Article 43
The board of directors of the Bar Association is responsible for monitoring compliance with these rules. The board will consult with the courts and secretariats as appropriate.
The board of directors shall endeavour to resolve internal disputes among attorneys.
The Attorneys’ Disciplinary Committee shall decide any disputes regarding the interpretation of these rules.
An attorney is required, at the instruction of the board or, as appropriate, the Attorneys’ Disciplinary Committee, to provide an adequate statement of his or her case regarding any alleged violation or dispute concerning interpretation of these rules. An attorney is required in such context to respond, and attend without unreasonable delay, to any queries and summons from the Disciplinary Committee.
The Attorneys’ Disciplinary Committee may censure the working procedures or conduct of an attorney, reprimand him or her or impose more stringent sanctions in accordance with law.
If an attorney is found guilty of violation of good legal practice in a ruling or opinion of the Attorneys’ Disciplinary Committee, the Committee may identify the attorney in the publication of the ruling or opinion in the following instances:
̵ if the attorney has repeatedly violated his or her professional duties;
̵ if the attorney has been found guilty of flagrant violation of good legal practice; or
̵ if justified by other material interests of the public or the legal profession.
Article 44
The above rules shall not be regarded as exhaustive rules of good legal practice.
Article 45
This Code of Conduct is binding for all attorneys.
An attorney providing services across borders within the European Economic Area is bound by the CCBE Code of Conduct.
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The Codex Ethicus of the Icelandic Bar Association was originally adopted on 24 June 1960, and amended on 11 April 1975, 1 April 1977, 24 October 1978, 29 March 1985 and 15 March 1991 The Codex was revised in its entirety with a new Codex adopted on 17 March 2000. Amendments were made to the Codex an annual general meeting held on 26 May 2015 (paragraph 3 added to Article 21) and at a members’ meeting held on 26 January 2023 (paragraphs 1 and 2 of Article 7, the first sentence of paragraph 1 and paragraph 2 of Article 8, Articles 10, 11, 17, 24, 31, 32, paragraph 1 of Article 38, paragraph 5 of Article 43; also, Articles 40(a), 42(a) and 45 were added).