Professional Ethics and Deontology
The deontological framework
The bailiff's profession is governed by statutory and deontological rules: independence, impartiality, confidentiality, and dignity. Know the code of conduct and the disciplinary regime.
Core duties
Understand the duties of loyalty, diligence, and transparency. The bailiff must inform parties of their rights, act within the law, and avoid conflicts of interest. Fees must be transparent and comply with the tariff.
Discipline
Know the disciplinary authorities (local chamber, national chamber) and the sanctions (warning, reprimand, suspension, removal). Understand the procedure and the rights of defence.
Traps
- Confusing independence with impartiality.
- Forgetting the confidentiality duty extends to third parties.
- Overlooking the conflict-of-interest rules.
- Mixing the disciplinary procedure with criminal proceedings.
Rule of thumb
When a question involves an ethical dilemma, ask: does the act preserve independence, impartiality, and confidentiality? Does it comply with the tariff and inform the parties? If any answer is no, the act is likely a breach.
Worked example
A bailiff is asked to serve a document in a matter involving a close relative. The conflict of interest requires the bailiff to decline or refer the matter. The question tests whether you identify the conflict and the duty to decline.