Tyrol: Charter of the Rights of a Client

Often the rights that a client has with regard to his lawyer are seen as the rights, or even as the privileges, of the lawyer. The opposite is the case. The rights of a client are an obligation for the lawyer. However, people often see the client’s rights as being the lawyer’s prerogative. To correct this and in order to provide the public with a clear list of the rights of a client, on the occasion of their 150^th anniversary the Tyrolian Bar presented the following Charter of the Rights of a Client at the Innsbruck Congress-Centre on May 18, 2001.

Dr. Ivo Greiter, lawyer in Innsbruck, Austria

Member of the Committee of the Tyrolian Bar

Charter of the Rights of a Client

Presented by the Tyrolian Bar

On the occasion of their 150^th anniversary on May 18, 2001 in Innsbruck

A client has

1. the right to the absolute discretion of his lawyer;
2. the right to confidential discussions with his lawyer;
3. the right to a lawyer who cannot give evidence in court or official proceedings unless he has released him from his bind to secrecy;
4. the right that his documents cannot be confiscated from his lawyer;
5. the right to a lawyer who is absolutely loyal to his client;
6. the right to a lawyer who only takes instructions from his client and is totally independent of any directives from a third party;
7. the right to a lawyer who is free of any conflict of interest, who works neither directly or indirectly for the opposing or a third party and who is independent of external influences;
8. the right to frank written and oral representation by his lawyer;
9. the right to a qualified lawyer;
10. the right to to be kept informed, to receive competent advice, careful representation and the conscientious fulfillment of his lawyer’s duty;
11. the right to a detailed and clear statement of fees from his lawyer;
12. the right to the separate handling of monies that he is entitled to;
13. the right to receive legal protection in all circumstances;
14. the right to legal representation, even if he does not have sufficient funds for the fees and expenses;
15. the right to the reimbursement of his fees and expenses by the opposing party if it proves that he was wrongly involved in proceedings.