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This article, which is Part 2 in a series, examines the CCBE Code of Conduct and continues where the prior article left off. See An Introduction to the European Community's Legal Ethics Code Part I: An Analysis of the CCBE Code of Conduct, 7 Georgetown J. of Legal Ethics 1 (1993). "CCBE" is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. The prior article summarized the development of the CCBE Code of Conduct, analyzed its substantive provisions, and offered a thesis about differences between the CCBE Code of Conduct and the ABA Model Rules of Professional Conduct. This article continues by analyzing the situations in which the CCBE Code of Conduct applies, including an analysis of the CCBE Code's response to the "double deontology" situation in which a lawyer might be subject to more than one set of conduct rules. This double deontology analysis focuses on substantive EU law, particularly the EU Lawyers' Services Directive (77/249). The second part of this article addresses the implementation of the CCBE Code of Conduct, including its application in lawyer discipline cases. The article concludes by focusing on the implementation of the CCBE Code in one country - Austria.
Geo. J. Legal Ethics
Laurel Terry, An Introduction to the European Community's Legal Ethics Code - Part II: Applying the CCBE Code of Conduct, 7 Geo. J. Legal Ethics 345 (1993).