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Presentazione Studio Legale Doria
Presentation

site of Doria Taffelli Law Firm addresses exclusively the ones who are already its clients. This choice, as better explained afterwards, is inevitable in order to respect the law which regulates the profession of a lawyer in Italy, and in order to respect the construction the organs in charge put on this law.

Unfortunately, to all the people who are not our clients we can just suggest to read the following pages, in order to comprehend what the limits set today to lawyers by the on-line market are.

 

 1. The so-called legal advice: a situation of absolute confusion.

 

Lacking any set of rules which permits only lawyers to effect advice in legal questions, today giving legal advice out of a lawsuit is possible for anyone.

 

There are some who have shown a great enthusiasm about this situation, believing that it would have favoured the competition among law operators (but actually this has not happened yet, at least for the time being), and there are some who have thrown arrows, complaining of the fact that  the lack of a control body, and of regulations on the matter, deprives the final user of any warrant about the professional nature of the ones who offer the services, and, consequently, deprives the user of any warrant about the quality of the services.

Leaving out the effect of such liberalization of the market, it is certain that many entrepreneurs have taken advantage of this liberalization, creating real bazaars of the law, which (or at least so it seems) are able to offer both driblets of lawfulness and mirages of justice, all at prices which really are more than competitive.

 

 

2. The part of the law firms and the competition with other subjects.

Apart from any judgement on the issue of the on-line legal advice entrepreneur activities, it stands as an irrefutable fact that also several law firms have chosen to have their own web sites, conscious of the enormous potentiality of the Net, and trusting in a quick intervention of the legislator to regulate the jungle of legal advice, whose indeterminateness damages first and foremost the final user .

National Forensic Council, modified the article 17[.1]  of forensic deontological code, in 2002, allowing to lawyers to have their own web site, but subordinating its publication to the Security Council to whom they are affiliated to; add D.Lgs. 9 April 2003, n. 70 (http://www.parlamento.it/parlam/leggi/deleghe/03070dl.htm) directive 2000/31/CE  users tutelage, adoption of technological measures of data security 615 ter cp[.2]

The on-line lawyer, however, on the formal level is really different from a legal advice office (the substantial differences depend on the vocational training of the one who gives the advice): in fact, in defence of the client and of the market, there is (only for lawyers) a rigorous professional law whose aim is to guarantee lawyers professionalism , dignity and decorum; this law, among its other provisions, does not allow law firms neither to advertise their activity, nor to find new clients by the internet; as for the on-line legal advice offices, the situation is different: they do not have any limits and are not subject to any kind of control .

Recently, also in order to Europeanize the lawyers role, different voices have risen to call upon the opening of Italian lawyers to the market, claiming in particular that, between the absolute prohibition to advertise and an wild promotional activity, there has to be a middle path; the more immediate consequence has been the recent reform of the art. 17 of lawyers deontological code, which introduced the possibility for law firms to advertise their activity, as long as the advertising is solely informative and not comparative (for comparative advertising we have to wait on the introduction of the European regulations on the electronic commerce).

 

 

3. Purpose of this site

 

 

            Trying to respect the rigorous deontological duties imposed on lawyers, the purpose of this site is simply to offer further services to the ones who are already clients of Doria Tafelli Law Firm, and not to offer professional services indiscriminately to anyone.

Consequently, for us who are writing, our presence in the internet is to be intended as an extension  and enlargement of the structures of the head office in Brescia, whose purpose is to offer to the ones who are already clients of the office services free from the ties of space and time. Other people can contact the Office directly, only after having sent a presentation e-mail,  in order to preserve those minimum elements of primary importance for the relationships based on trust.

            The main services we offer to our clients are the following (a password and a user name are required to benefit from them):

-1- possibility to consult the situation of any of their files at any time;

-2- possibility to forward documents, also new ones, at any time;

-3- possibility to obtain immediate on-line advice;

            As already pointed out, the services are exclusively for the ones who are already clients of Doria Taffelli Law Firm; a user-name and a password are necessary in order to have access to the services 

 

Ad maiora

Lawyer Guido Doria                        Lawyer Giulia Taffelli        

 

 



[.1]ARTICLE 17 - INFORMATION ABOUT LAW PRACTICE [2]

Lawyers can give information about their professional activity, in accordance with the truth and honesty, by respecting professional dignity and privacy laws .

Information can be given by observing the following instructions

I. As regards information means:

    A). It must be considered allowed:

        - ordinary means (writing paper, visiting cards, nameplates);

        - informative brochure booklets, circular letters sent by e-mail (the possibility to propose questionnaires or to allow prepaid answers must be excluded);

        - professional ads, address books, law reviews, catalogues and law information articles (e.g. revision of laws);

        - relations with the press (according to article 18 of forensic deontological code);

        - web sites and telecommunication network (Internet), as long as they belong to the lawyer or to his office, according to information limits, and by reporting it to the Security Council. As regards already available web sites, lawyers have to signal them to the Security Council to whom they belong to within 120 days

    

    B) It has to be considered forbidden:

        - means of communication (television and radio);

        - newspapers (dailies or periodicals) and advertisments;

        - anomalous means of communication which are contrary to the decorum (distribution of brochures or writing paper or fliers in letterboxes or by leaving them in public places, under auto windscreens, in hospitals or  in prisons; through billboards, testimonials, etc.);

        - sponsorships;

        - presentation telephone calls and house visits not specifically demanded;

        - Internet use for service offers and free legal advice

 

    C) It must be considered allowed, if preventively approved by the Security Council  (according to the prescribed modalities and finalities):

        - seminars and meetings directly organized by law firms.

 

II - As for the contents of the information:

    A) The following data and information can be given:

        - personal needed information (name, address, e-mail address, telephone and fax number, date of birth, professional information, photographs, spoken languages, published articles and books, didactic activity, honours, and other information regarding professional activity);

        - information regarding the law firm (membership, founder members - even if deceased, activities carried out, employees number, secondary office, working hours);

        - a logo;

        - quality certification (the lawyer who intend to mention a quality certification have to lodge to the Security Council the voucher and the complete indication of the approval authority and of  the range of application of the certification recognized by the Italian State)

 

     B) It is allowed besides the use of Internet and web sites for the consultation offer, by respecting the following obligations:

           - registry data, VAT number and the Security Council to whom you belong to;

        - engagement expressly declared in full respect for the deontological code, with a text copy, or with the precise statement of the means in order to permit information retrieval or consultation;

        - the name of the responsible person;

        - specification of the essential data of your policy, with insurance cover also for online performance and indication of the applied tariff ceilings

      - indication of the in force commercial tariff

 

    C) It must be considered forbidden:

        - data concerning third party;

        - clients names (the prohibition must be considered valid even if a client gives his consent);

        - specialisations (except specific cases available by law);

        - prices of single performances (it is forbidden to say the first consultation is free of charge);

        - the percentage of won cases or the exaltation of lawyers exceptional merits;

        - personal or Firms turnover;

        - promises of payback;

        - any offer of services (according to Art. 19 of the Deontological Code);

 

III - It is allowed to indicate the name of a deceased lawyer, which took part to the Firm, provided the he expressly assented and written it on his will, in other words, his heirs must be aware of this fact.

 

 [.2]615 ter Unauthorized access to a computer or telematic system

  Whoever introduces himself illegally in a computer or in a telematic system, protected by security measures, can be punished by law with three years' imprisonment.

  The penalty of one to five years' imprisonment can be applied:

 

1) if the unlawful act has been committed by a representative of a public service, through abuse of power or through violation of rights and obligations related to his own position, or by the person who practices the private detective profession without authorization;

2) if the culprit does violence to things or people, or if he is visibly armed;

3) if the conseguente of the unlawful act is the  system damage or the blackout or the suspension of its operation, in other words if this cause destruction or damage of data, information or programs

  If unlawful actions regard information system and telematic service needed to army, to public policy, to public security, to health care or to civil defence, the imprisonment varies from one to five years, and from three to eight years.

  In the case of the first paragraph, the criminal act can be punished if there is a complaint, in all the other cases proceedings automatically start.