Code of Ethics and
professional practice
Index
1. General Principles.
2. Internal Workplace Relations.
3. Relations with the Client and Third Parties.
4. Relations with Government, Judges and/or Authorities.
5. Professional Secrecy and the Protection of Personal Data.
6. Social and Environmental Responsibility of the Firm
General Principles:
Article 1.- Purpose of this Code. This Code establishes the values, principles, rules, and guidelines of conduct that must inspire and govern the actions of the members of Pérez-Johnston Abogados, S.C. (PJA) in the areas further developed in this document.
Article 2.- Definitions. For the purposes of this Code, the following terms shall mean:
I. The Firm or The Law Firm.- Pérez Johnston Abogados S.C.
II. Members of the Firm.- All partners, attorneys, employees, collaborators, and interns of all offices and entities that form or may in the future form part of the Pérez Johnston Abogados working group.
III. Client.- Any individual or legal entity that has requested professional legal services from the Firm, whether in a paid professional services relationship or on a pro bono basis.
Article 3.- Non-Discrimination. The Firm does not permit or tolerate discrimination on the basis of race, color, nationality, social origin, age, sex, marital status, sexual orientation, ideology, political opinions, religion, or any other personal, physical, or social condition of its members, and promotes equal opportunity.
Article 4.- Values and Principles. The values and principles that inspire the professional practice and identity of the Firm are primarily:
I. Integrity.
II. Loyalty.
III. Honesty.
IV. Justice.
V. Continuous Education.
VI. Dignity.
VII. Diligence.
VIII. Probity.
IX. Good Faith.
X. Freedom and Independence.
XI. Uprightness.
XII. Respect.
XIII. Excellence.
XIV. Transparency.
XV. Professionalism.
XVI. Responsibility.
Article 5.- Compliance. All members of the Firm are committed to complying with the rules, principles, and values set forth in this Code and governing the legal profession.
Article 6.- Violations. Violation of this Code of Ethics shall be considered a breach of labor obligations (in the case of employees), of partnership obligations (in the case of partners), and shall be sanctioned in accordance with the regulations applicable in each circumstance.
Internal Workplace Relations:
Article 7.- Respect and Development. The Firm promotes that every collaborator be respected and find an adequate space for development both professionally and personally. Our relationship with collaborators is based on respect, fairness, honesty, and trust.
This provision applies to all aspects of employment, including recruitment, selection, promotion, job changes, transfers, termination of employment, compensation, education, training, and in general all working conditions.
Article 8.- Permanence. The Firm has a long-term vocation and is committed to providing new generations and those already incorporated with the necessary means and opportunities for the development of their professional careers, according to their merits and abilities.
Article 9.- Experience and Knowledge Sharing. The Firm brings together the experience and knowledge of its members; therefore, all members must share with the other members of the Firm, generously and in the interest of all, the professional knowledge and experiences accumulated.
Article 10.- Maximum Effort and Best Practices. Members of the Firm shall devote all necessary professional capacity and personal effort to the performance of their duties, in accordance with the best practices recognized in the legal profession.
Unless otherwise agreed or expressly authorized by the competent body, attorneys shall perform their work on an exclusive dedication basis and in all cases subject to the applicable regulations and the contractual terms in force at any given time.
Attorneys may not provide, on their own behalf or on behalf of others, to companies or entities other than the Firm, labor or professional services similar or equivalent to those provided by the Firm, or that may create a conflict of interest with it.
Article 11.- Well-Being of Firm Members. The well-being of its employees is of fundamental importance to the Firm, for which the Firm undertakes to comply with labor, health, safety, and other related and applicable regulations, also taking into account:
I. The design of the offices,
II. The operation of the facilities, and
III. The selection of furniture and work tools.
Article 12.- Provision of Means for Work Performance. The Firm makes available to its members the necessary and appropriate resources and tools for the development of their activities. Members must make appropriate use of them, using them solely for the development of their professional activities and avoiding personal use, except exceptionally and justifiably and in accordance with standards of reasonableness.
The use of the Firm’s resources must be responsible and aligned with security, ethical, and professional secrecy criteria, avoiding any unlawful use, contrary to applicable regulations or Internal Policies.
Article 13.- Use of Social Media. Members of the Firm are expressly prohibited from using social media and other communication channels to disseminate information about the Firm, as well as making statements or displaying images that may be:
I. Offensive, discriminatory, defamatory, inappropriate, or unsuitable for the image and reputation of the Firm and/or its Clients.
II. In breach of the duty of professional secrecy, or
III. In any other way detrimental to the prestige and reputation of the Firm, its members, and/or its Clients.
Article 14.- Continuing Education. Continuing education is a fundamental tool to maintain the high level of excellence and rigor we demand of ourselves. For the Firm, it constitutes a pillar in the professional training of its members, not only as a requirement to achieve the technical quality we seek but also as a necessary instrument for the full development and professional advancement of our attorneys.
Consequently, continuing education is an obligation of all members of the Firm, who must aspire to specialization, to deepen technical knowledge, to broaden their experience, and to share it with others.
Article 15.- Mandatory Internal Training or Instruction. The Firm has an internal training program for attorneys and law interns, both legal and non-legal, all of which are mandatory.
The training program seeks to provide our attorneys with solid legal training based on the analysis of fundamental issues of Constitutional and Administrative law, areas of interest for their professional development within the Firm; up-to-date information on the main legal developments (legislative, case law, and doctrinal); and the skills or soft skills necessary for the professional practice of law.
Article 16.- Complementary Legal and Academic Training. Likewise, to facilitate these objectives, the Firm:
I. Promotes the continuing education of its attorneys and staff, encouraging study,
II. Provides timely information on legislative, case law, and doctrinal developments at the national, international, and comparative law levels,
III. Provides documentation and bibliography, and
IV. Disseminates articles, offprints, and books written by its members.
Article 17.- Professional Development. The Firm is committed to enabling the professional development of its partners, attorneys, and employees. Such development is based on meritocracy, meaning that decisions regarding performance are based exclusively on individual capacity and skills.
Article 18.- Improper Benefits by Firm Members. Members of the Firm may not use for their own benefit or that of third parties:
I. Business opportunities that by their nature belong to the Firm,
II. Confidential information known by reason of their activity in the Firm or their relationship with Clients.
Article 19.- Use of the Firm’s Name. Members of the Firm may not use the name Pérez Johnston Abogados, S.C. nor invoke their status as members thereof to carry out transactions for their own benefit or for the benefit of persons related to them.
Relations with the Client and Third Parties:
Article 20.- Excellence and Professional Rigor. The Firm’s activity is aimed at providing Clients with legal advice and solutions of the highest quality and added value, governed by professional excellence and focused on satisfying legitimate interests and needs under the following standards:
I. Thorough analysis of objectives and needs in order to provide appropriate and suitable solutions to achieve the intended purpose.
II. Commitment and professionalism.
III. Diligence.
IV. Impartiality and Independence.
V. Confidentiality.
Article 21.- Relationship of Trust and Good Faith with the Client. The relationship between the Client and the Firm shall be one of trust and good faith; as a provider of professional services, this requires conduct in accordance with the ethical principles and values set forth in this Code.
Article 22.- Openness with a Client-Benefit Perspective. In addition to excellence and professional rigor in the advice we provide, members of the Firm must pay special attention to Client satisfaction regarding the evaluation and perception of our professional services. This obliges us to:
I. Maintain an open and receptive attitude toward Client suggestions,
II. Consider at all times the real and tangible benefit obtained by the Client from the provision of professional services, from a cost-benefit perspective; and
III. Correct any deficiencies communicated to us by introducing appropriate improvements in our professional activity.
Article 23.- Conflict of Interest. The Firm has established solid principles regarding the prevention of conflicts of interest, in accordance with best practices in the professional legal services industry. The principles of independence and loyalty governing the legal profession prevent acceptance of matters that may involve ethical conflicts with Clients’ interests.
Article 24.- Prohibition of Corrupt Practices; Part One. Members of the Firm may not give or accept gifts or invitations in the course of their activities (whether for themselves directly or for family members or partners), unless they are of insignificant or symbolic economic value and constitute customary courtesies or hospitality within reasonable and sensible limits.
In any case, gifts or invitations prohibited by applicable regulations, that may compromise professionalism or independence, or that may influence professional decision-making, shall not be acceptable.
Members may not receive money from Clients or suppliers in a personal capacity, even in the form of loans or advances not expressly agreed between the Client and the Firm. This does not include loans or credit granted by financial institutions that are Clients or suppliers of the Firm.
Article 25.- Prohibition of Corrupt Practices; Part Two. Members of the Firm may not, directly or through intermediaries:
I. Promise, offer, or grant unjustified advantages or benefits intended, directly or indirectly, to obtain a present or future benefit, whether for the Firm, themselves, or a third party.
II. Receive, request, or accept benefits or advantages of any kind in order to improperly favor third parties in the contracting of goods or services or in commercial relations.
Relations with Government, Judges and/or Authorities.
Article 26.- Respect and Support toward the Judiciary. Members of the Firm shall show respect to courts and other authorities and must support them whenever they are unjustly or disrespectfully attacked or when compliance required by law is disregarded.
Article 27.- Probity. Members of the Firm must not attempt to exert influence over a judge by appealing to political or personal connections, using recommendations, or resorting to any means other than convincing through legal reasoning. It is a serious offense to meet privately with a judge regarding a pending case in order to assert arguments or considerations unrelated to the matter itself or not included in the official record.
Professional Secrecy and Protection of Personal Data.
Article 28.- Professional Secrecy. Professional secrecy constitutes both a duty and a right of the Firm’s members. The obligation to maintain professional secrecy covers confidences made by third parties to the attorney by virtue of their professional role, as well as those arising from discussions related to a transaction that failed. Secrecy also covers confidences of colleagues. An attorney must not intervene, without the consent of the Client who entrusted a secret, in any matter in which they may be required to reveal or make use of such secret, unless mandated by law or ordered by a competent authority empowered to request such information.
Article 29.- Personal Data. Members of the Firm have access to information belonging to the Firm, its Clients, or third parties related to the Firm’s professional activities. All information to which they may have access, in its entirety and regardless of its source or medium, is considered confidential and is expressly and indefinitely subject to the duty of secrecy.
Article 30.- Data Protection. Information shall be used exclusively for the purpose established by the Firm, the Client, or any third party related to the Firm’s professional activity, as applicable, and in compliance with security policies and policies governing the use of devices and information systems in force at any given time.
Article 31.- Responsibility in the Handling of Personal and Sensitive Data. All members of the Firm are responsible:
I. For properly handling information,
II. For preserving its confidentiality, and
III. For preventing its unauthorized disclosure.
IV. For complying with applicable data protection regulations.
Article 32.- Compliance in Matters of Personal and Sensitive Data. The Firm is fully committed to compliance with national and international regulations regarding the protection of personal data.
Social and Environmental Responsibility of the Firm.
Article 33.- Respect for Human Rights. Human rights shall be prioritized in all our activities. Therefore, participation in activities in which such rights are not respected shall be avoided.
An environment of respect, diversity, and belonging will be fostered, where all members feel valued and can safely express their opinions.
Article 34.- Social Responsibility. For the Firm PJA, it is important that its activity be socially responsible within national and international regulations, the customs and practices of our community, in accordance with the consistent needs of our stakeholders, and we promote support for social development activities, corporate volunteering, and pro bono services.
Article 35.- Gender Equality. The Firm promotes and prioritizes equal treatment and opportunities among all individuals within it, considering this a fundamental principle of labor relations and human resources management.
Additionally, the Firm shall promote an internal policy that guarantees equal opportunities in access to employment, training, promotions, and compensation for all individuals.
Article 36.- Prohibition of Harassment and Abuse of Authority. The Firm rejects any manifestation of harassment, abuse of authority, violence, or any other conduct that creates an intimidating or offensive work environment affecting the personal rights of its members.
In such cases, the Firm shall maintain zero tolerance for this type of conduct and apply the sanctions applicable in each case.
Article 37.- Environmental Responsibility of the Firm. The Firm complies with all environmental laws and regulations and promotes environmental awareness, incorporating best environmental practices into its professional and corporate conduct and seeking to minimize negative environmental impacts.
Article 38.- Environmental Sustainability. The Firm maintains a constant concern for:
I. Improving energy efficiency,
II. Reducing water and electricity consumption, and
III. Reducing waste generation.
Article 39.- Pro Bono Activity. The Firm is fully aware of its social responsibility and commitment and, consequently, actively participates in and promotes pro bono activities of interest to the community.
Article 40.- Titles and Headings. The titles and headings of each chapter and article of this Code are for reference purposes only and shall not be interpreted as limiting the content or application of the substantive provisions they introduce.
Article 41.- Updating and Review of the Code. This Code shall be subject to periodic review and updates, which shall be duly communicated to the members of the Firm through the same means by which it is published.
Article 42.- Entry into Force. This Code is effective as of the date of its issuance and shall be mandatory in the implementation of the Firm’s policies as well as in the conduct of the members of the Firm from the moment of their hiring.