Code Of Ethics

PREAMBLE

The Code of Ethics and Standards of Professional Conduct of DAS Advogados is fundamental to the values of DAS Advogados and essential for DAS Advogados to achieve its mission of leading the legal profession globally by promoting the highest standards of ethics, education, and professional excellence for the benefit of society. High ethical standards are paramount to maintaining public confidence in the practice of law and in the legal profession. The idea behind the creation of the Code and the Standards is to promote the integrity of DAS Advogados members and serve as a model for evaluating the ethics of lawyers globally, regardless of the role they perform, cultural differences, or local laws and regulations. All members of DAS Advogados and applicants in DAS Advogados selection processes are required to follow the Code and Standards and are encouraged to notify their clients of this responsibility. Violations may result in disciplinary sanctions by DAS Advogados. Such sanctions may include termination of employment with DAS Advogados and reporting of violations to the Brazilian Bar Association, when applicable.

THE CODE OF ETHICS

Members of DAS Advogados (including non-lawyers) and applicants to DAS Advogados (“Members and Applicants”) must:

Act with integrity, competence, diligence, respect, and in an ethical manner with the public, clients, prospective clients, employers, employees, professional colleagues, and other participants in the legal and capital markets.

Place the integrity of the legal profession and the interests of clients above personal interests.

Act with reasonable caution and exercise independent professional judgment when conducting analyses, making recommendations, making decisions, and engaging in other professional activities.

To practice law and encourage others to do the same in an ethical and professional manner, which will bring us personal and professional credit.

To promote the integrity and viability of legal and global capital markets for the benefit of society.

To maintain and enhance professional competence and to strive to maintain and enhance the competence of other legal professionals.

STANDARDS OF PROFESSIONAL CONDUCT

  1. PROFESSIONALISM
  2. Knowledge of the law. Members and Candidates must understand and comply with all applicable laws, rules, and regulations (including DAS Advogados’ Code of Ethics and Standards of Professional Conduct, DAS Advogados’ Code of Enrollment and Prevention of Money Laundering, and the Code of Business Conduct with Government Officials, together “Code and Standards”) of any government, regulatory organization, licensing body, or professional association that may control their respective professional activities. In the event of a conflict, Members and Candidates shall comply with the most stringent laws, rules or regulations. Members and Candidates shall not knowingly participate in, assist in, and shall disassociate themselves from any violation of such laws, rules or regulations.
  1. Independence and Objectivity. Members and Candidates shall use reasonable care and judgment to achieve and maintain the independence and objectivity of their respective professional activities. Members and Candidates shall not offer, solicit or accept any gift, benefit, remuneration, or payment that reasonably could compromise their independence or objectivity or that of another person.
  1. Misrepresentation. Members and Candidates shall not knowingly make any misrepresentation in connection with legal analysis, recommendations, actions, or other professional activities.
  1. Improper Conduct. Members and Candidates shall not engage in any professional conduct that involves dishonesty, fraud, deceiving others, or committing any act that reflects in a manner contrary to their reputation, integrity, or professional competence.
  1. INTEGRITY OF THE LEGAL AND CAPITAL MARKETS
  2. Material Information Not Disclosed to the Public. Members and Candidates who possess material information not disclosed to the public that could affect the value of an investment (“Inside Information”) must not act or cause other individuals to act on that information.
  1. Market Manipulation. Members and Candidates shall not engage in practices that alter prices or artificially increase trading volume with the intent to deceive market participants.
  1. Compliance with the Code of Ethics of the OAB. Members and Candidates should not violate any provisions of the Bylaws of the Practice of Law or the Code of Ethics of the OAB.

III. DUTIES TO CLIENTS

  1. Loyalty, prudence, and zeal. Members and Candidates have a duty of loyalty to their clients: they must use reasonable caution and judgment. Members and Candidates must act for the benefit of their clients and place their clients’ interests above their own or their employer’s interests.
  1. Fair Treatment. Members and Candidates must treat all clients fairly and objectively when presenting legal analysis, making recommendations, making a decision regarding an event, or engaging in other professional activities.
  1. Adequacy of Services.
  1. When Members and Candidates are in a consulting relationship with a client, they must:
  1. Conduct reasonable research regarding the client’s (or prospective client’s) experience with respect to legal services, risk and return objectives of legal decisions, and financial constraints prior to making any legal recommendations or making a decision and reassess and update such information periodically.
  1. Determine whether the legal decision is appropriate to the client’s situation and consistent with the client’s written objectives, resolutions, and restrictions before making a legal recommendation or making a decision.
  1. Assess the appropriateness of the legal decision in the client’s total context.
  1. When Members and Candidates are responsible for managing a portfolio of lawsuits in relation to a specific mandate, strategy, or style, they should only make legal recommendations or make decisions that are uniform with the stated objectives and restrictions of the lawsuit portfolio.
  1. Presentation of performance. When disclosing information about the performance of a legal action portfolio, Members and Applicants should use reasonable efforts to ensure that the information is fair, accurate, and complete.
  1. Preservation of Confidentiality. Members and Applicants shall maintain the confidentiality of information from former clients, current clients, and prospective clients unless the client or prospective client allows disclosure of the information.
  1. DUTIES TO EMPLOYERS
  2. Loyalty. In employment-related matters, Members and Candidates must act for the benefit of their employers and not deprive them of their skills and abilities; they must not disclose confidential information or otherwise cause harm to their employers.
  1. Additional Compensation Arrangements. Members and Candidates shall not accept gifts, benefits, remuneration, or payments that compete with or that might reasonably be expected to create a conflict of interest with the interests of their employer unless they obtain written consent from all involved.
  1. Responsibilities of Supervisors. Members and Candidates shall use reasonable efforts to ensure that any individual who is subject to their supervision or authority complies with applicable laws, rules, regulations, and the Code and Standards.
  1. LEGAL ANALYSIS, RECOMMENDATIONS, AND DECISIONS
  2. Due Diligence and Reasonable Basis. Members and Candidates shall:
  1. exercise diligence, independence, and scrutiny when analyzing a case, recommending, and making legal decisions.
  1. Have a reasonable and adequate basis, supported by appropriate research and investigation, for making any analysis, recommendation, or making any legal decision.
  1. Communication with clients and prospective clients. Members and Candidates must:
  1. Disclose to clients and prospective clients the basic format and general principles of the procedures used for the performance of legal analysis, and further, promptly disclose any changes that may significantly affect these procedures.
  1. Disclose to clients and prospective clients the significant limitations and risks associated with legal decisions and legal proceedings.
  1. Use reasonable judgment in identifying which factors are important to their legal analysis, recommendations, or decisions, and include these factors in communications with clients and potential clients.
  1. Distinguish between fact and opinion in the presentation of legal analysis and recommendations.
  1. Record Keeping. Members and Candidates shall develop and maintain appropriate records to support their analyses, recommendations, legal decisions, and other communications related to legal decisions with clients and prospective clients.
  2. CONFLICTS OF INTEREST
  3. Disclosure of Conflicts. Members and Candidates shall make full and fair disclosure of all matters that could reasonably be expected to impair their independence and objectivity or interfere with their respective duties to their clients, prospective clients, and employers. Members and Candidates shall ensure that such disclosures are relevant, presented in plain language, and communicated in an effective manner.
  1. Priority of Transactions. Client and Employer Cases and Inquiries should have priority over Cases and Inquiries in which a Member or Applicant is the beneficiary.
  1. Commission by Recommendation. Members and Candidates shall disclose to their employers, clients, and prospective clients, as applicable, any compensation, payment or benefit received or paid to a third party for recommending products or services.

VII. RESPONSIBILITIES AS A MEMBER OF DAS ADVOGADOS OR AS A CANDIDATE IN DAS ADVOGADOS’ SELECTION PROCESS

  1. Conduct as a Member or Candidate of DAS Advogados. Members and Candidates shall not engage in any conduct that compromises the reputation or integrity of DAS Advogados or the integrity, validity, or security of the selection process of DAS Advogados.
  1. Reference to DAS Advogados, and to the selection processes of DAS Advogados. In referring to DAS Advogados, membership in DAS Advogados, or to candidacy in the DAS Advogados selection processes, Members and Candidates should not misrepresent or exaggerate the significance or implications of membership in DAS Advogados, or candidacy in the DAS Advogados selection processes.

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