Legal Ethics and Professional Practice: Duties, Conflicts and Discipline
The ethical framework
Legal ethics on the Serbian bar exam draws on the Law on the Bar (Zakon o advokaturi) and the Code of Professional Ethics. Candidates must know the core duties: independence, confidentiality (advokatska tajna), avoidance of conflicts of interest, diligence, and the prohibition on advertising and on fee-sharing with non-lawyers. Understand the attorney-client privilege, which survives termination of the mandate and even the client's death.
Conflicts of interest
The central test is whether representing the new client would harm the former client's interests. A lawyer may not represent both parties in the same matter, nor act against a former client in a related matter without consent. The trap: questions often present a lawyer moving between firms and ask whether the new firm is disqualified - the answer depends on whether confidential information was actually shared and whether screening measures exist.
Discipline and practice
Know the disciplinary offences (breach of confidentiality, negligence, fee overcharging, unauthorised practice) and the sanctions (warning, fine, suspension, disbarment). Understand the bar admission requirements, the mandatory professional indemnity insurance, and the rules on substituting for another lawyer.
Worked example
A lawyer learns that a former client's company is being sued by a new client. May the lawyer accept the new mandate? Only if the matters are unrelated and no confidential information from the former mandate is relevant; otherwise the lawyer must decline or obtain informed consent.
Rule of thumb
When facing an ethics question, ask: Does this harm a client, former client, or the integrity of the profession? If yes, the conduct is likely prohibited regardless of consent. Confidentiality is the default; disclosure requires a legal basis or informed consent.