Ban on second employment as a condition of the employment contract with the advocate on the employee side

Бесплатный доступ

Purpose: To prove the need for statutory bar on second employment for an advocate while working under labor contract concluded with another advocate or legal firm to prevent conflict of interests. Methodology: Technical and comparative law methods were used. Results: The article establishes that no statutory bar on second employment for an advocate acting under labor contract with another advocate or legal firm may create a situation where the hired advocate is asked by two employer advocates to accept instruction for two persons with contradictory interests (counterparts) or he has to ignore one of the employers. Therefore the article of a law on advocacy dedicated to special aspects of advocate`s labor contract on employee side should be supplemented with a condition prohibiting external secondary job. As to internal secondary job involving other permanent paid employment for the same employer, this kind of secondary work should be also banned, because implementing of advocacy should be a priority for an advocate. Novelty/originality/value: The article has a high scientific value, since it is one of the first attempts to identify and substantiate the characteristics that should be inherent in a advocate`s employment contract.

Еще

Короткий адрес: https://sciup.org/140225041

IDR: 140225041

Статья научная