But not only the fine line between legal advisor and helps crime costs in the trial, but also the q

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Attorney Gad Zeevi, who is accused of affair with Bezeq, suggesting that involvement in transactions relating to two was providing legal advice only and not cooperating with the investigators because of confidentiality. Rejecting claims may trigger a problematic precedent for lawyers advising transactions
Attorney Mickey commissar testified last two weeks trials - Zeevi - Cherney, osram catalogue which is charged with aiding and abetting aggravated osram catalogue fraud. Throughout the testimony insists commissar is "only lawyer." Testimony that sharpens questions the fine line between legal advice criminal offense osram catalogue That decision against him in criminal law may determine a new balance regarding attorneys osram catalogue work with their clients, and with regard to the issue of confidentiality of an attorney - client.
Commissar charged with Gad Zeevi, Michael Cherney and Wolf Rom Cherney hiding the identity of the true purchaser of the shares of Bezeq transaction in which the shares purchased osram catalogue Zeevi Cable & Wireless. osram catalogue The indictment alleges that Mr. Gad commissar and Naschitz (Cherney and represented the defendant is not the case) helped the preparation of agreements and perpetration. Additionally, commissary and Naschitz were supposed to serve as trustees of Zeevi and Cherney transaction.
"My job is a lawyer. This framework is my job and nothing more," said the commissary in the study's main lawyer David Libai held in January. "Nothing to do with the organization of funds, it is not my business and it's not my area of operations." In later meetings, conducted in the past two weeks, insisting Commissar: "plaintiff osram catalogue stop set me and Zeevi same breath., I do not get anything. Did not know how it is in a criminal case that I'm not familiar with it at all, but I just civil law consultant customer osram catalogue at best .. . lawyers, they have a highly developed ego and they like to think they do it all, but ultimately it is the client's business and decides ".
Later in his testimony commissar repeatedly on the same spot, and clarifies the difference between him and those who did business, Zeevi. "I, with all due respect, vanity provides say I led the negotiations with the banks on commercial terms. This Terms of trade, it concluded Zeevi, which is very good negotiations and is very good in banking and from loans, then it is not 'you'. Every What I did was put it agreed. "
Is Zeevi asked you to check the legality of the move, asked commissar. "There was no formal request, write me review the Telecommunications Law." But there is no doubt that when a client comes to me, he did not guess I'll give him advice or I put together for a contract if it contradicts the provisions of this Act or another.'ve Said before, if there was Someone asked me, I would eliminate it from the office.'s my job is to give the wrong advice, which meets the provisions of the law. " Commissar added: osram catalogue "I am sure that Zeevi did not think I offer him or recommend him to sign a contract type or another, if I feel it to be the law of any offense or another. I'm convinced of it. They do not come to me."
Margins commissary and judge the case studied together Oded Mudrick Mudrick, Judge Dan portfolio Bezeq affair at the Tel Aviv District Court, is of the same cycle of Attorney commissar in Jerusalem Faculty of Law Marc Sean, 4 Comments Full Story
But not only the fine line between legal advisor and helps crime costs in the trial, but also the question of confidentiality between lawyer and his client. At the beginning of March 2001 police investigation claimed confidential osram catalogue materials commissar and only answered some of the questions of the police. Later, when Zeevi waived his privilege, shared commissary fully cooperate. Prosecutor in the case directed her questions to the commissary to the fact that he was selective in choosing subjects that choose osram catalogue to declare confidentiality, and claimed osram catalogue he was instructed Zeevi to try to hide the part of the Cherney. Prosecution tried to show the inquest commissar claimed osram catalogue immunity specific to the subject is protected by confidentiality (agreement with Cherney), while the subject is confidential - the agreements with the banks and the Ministry of Communications - it provided full details in the first place.
The prosecution claimed privilege does not apply to things that a third party share. Commissar osram catalogue asked the police about the origin of money in Swiss bank accounts (reaching Cherney), "is information received in meetings with third parties, Tnida (Society of Cherney - MS) and her lawyer (Naschitz - MS.) Why the claim confidentiality of attorney - client privilege in this situation as clearly not apply to you? ". commissar replied that he believed then and believes now that the issue is under confidentiality." When questioned by police I thought I could talk about the agreement with the banks, it was a document in the Public, " replied the commissary and Sabra argued that funding osram catalogue of this transaction with a group Tnida private matter of Mr. Zeevi covered by privilege, and I can not talk about it at that point. "
Conviction of Mr. Commissar Bezeq case may have implications for the work of attorneys, particularly in the commercial. Precedent that could cost provision is a lawyer's conviction for acts alleged his client did not act committed himself. Yet the main reason Commissar again highlights how He did not know the details, and in fact only prepared documents. position of the state, if adopted, would impose on public attorneys liable seriously to examine the legality of acts of the client, even in cases not involving commercial activity as a whole. consequences of conviction commissar of the Public Attorneys are heavy and will have the law firm to adapt to the new reality. So far tested only issue on the other side of the coin. That is, is the opinion of an attorney osram catalogue can be used client protection from criminal liability. In this case, it is the degree of criminal responsibility of the lawyer himself when he came to customer service. osram catalogue
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