Zajednička advokatska kancelarija Bojanović i partneri is a Serbian legal practice organised and registered before the Belgrade Bar Association [in Serbian: “Advokatska komora Beograda”] in the form of a joint law office with the registered seat [in Serbian: “registrovano sedište kancelarije”] at Vlajkovićeva street no. 12, 11000 Belgrade, Republic of Serbia. The full registered name of the joint law office is “Zajednička advokatska kancelarija Bojanović i partneri” (hereinafter: “Bojanovic & Partners” or “we” or “BoPa”).
Bojanovic & Partners is inscribed before the relevant registry of the Belgrade Bar Association by the respective decision of the Belgrade Bar Association number 4316/2016, in line with the Law on Advocacy, Statute of the Serbian Bar Association [in Serbian: “Statut Advokatske komore Srbije”] (Official Gazette of the RS 85/2011, 78/2012 and 86/2013), Statute of the Belgrade Bar Association [in Serbian: “Statut Advokatske komore Beograda”] (Official Gazette of the City of Belgrade 93/2016) and Code of Professional Ethics of Attorneys [in Serbian: “Kodeks profesionalne etike advokata”] (Official Gazette of the RS 27/2012) (hereinafter: “Applicable Legislation”).
Pursuant to the Applicable Legislation, Vladimir Bojanovic, Attorney at Law [in Serbian: “Advokat”], is a managing partner [in Serbian: “Rukovalac”] of the joint law office (hereinafter: “Managing Partner”), having PIB No: 106347071 and Statistical No: 57304278.
Pursuant to the Applicable Legislation, the joint law office does not have legal subjectivity. Consequently, the legal assistance is provided by the founders of the office and (on a case to case basis) by other Attorneys at Law engaged in line with the Applicable Legislation by the founders of the joint law office, with the assistance of legal trainees [in Serbian: “advokatski pripravnici”] (hereinafter jointly: “Lawyers”).
SCOPE OF THE POLICY
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”).
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 (“Official Gazette of the RS 27/20012”), an attorney is obliged to refuse provision of legal assistance in the following situations:
1) If an attorney at law represented an opposite party in the same legal matter;
2) If an attorney at law represents an opposite party in another legal matter, at the same time;
3) 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;
4) 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;
5) If an attorney at law acted as a judicial officer or official in a state body, territorial autonomy body or local self- government body in the same legal matter;
6) If the interests of a person who requests legal assistance are contrary to his interests or interests of his close relatives, associates or other parties;
7) If an attorney at law acted as an intermediary or advised an opposite party or he received information from an opposite party, which represents professional secret of an attorney, in the same legal matter;
8) 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 holder of right on a property which was in custody of the attorney;
9) If there is a possibility that conflict may arise between clients in the same legal matter;
10) 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 mentioned bodies, by using unethical or unlawful means.
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 existence of circumstances which could cause 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, he/she shall immediately inform the Managing Partner accordingly. The Managing Partner will diligently assess the matter, and take measures for avoidance of conflict of interest and for mitigation of any negative consequences.
In addition, the Managing Partner will take all necessary steps to ensure that BoPa Personnel are well acquainted with all obligations of attorneys in relation to avoidance of conflict of interest. BoPa will ensure that BoPa Personnel are properly introduced to their obligations which relate to avoidance of conflict of interest, in particular reporting obligation.
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.
This Policy is applicable as of 1st October 2016.