A lawyer is a person who, in the manner prescribed by law, provides qualified legal assistance to his client. In addition, such a person is an independent adviser on various legal issues. The duties of a lawyer are provided for in Federal Law No. 63 of 05.31.2002.
Rights
The lawyer, by the nature of his profession, is called upon to protect citizens not only at the preliminary investigation, but also in court. He is also required to advise on legal issues to the persons who contacted him. In addition, in the exercise of his direct duties, he is vested with certain rights. They are as follows:
- Request various documents and certificates from organizations and enterprises, as well as from authorities.
- Interview those persons who own any information on the case that is being carried out, with the consent of the latter.
- Collect and complete your evidence base.
- Meet with your client without any obstacles even during his detention. Moreover, dates cannot be limited.
- Attract specialists whose assistance is required to assist the principal. For example, an expert or translator.
- Study the case materials in detail, fix everything with the help of special devices, while maintaining state secrets.
By the nature of his activity, a lawyer is allowed everything that is not expressly prohibited by law. This is the main essence of his profession, which is to provide qualified assistance to people. In addition to the rights granted, there are also certain obligations of a lawyer. They are provided for by Federal Law No. 63 of May 31, 2002. In the event that the defender pursues his own selfish interests that are contrary to the interests of the principal, then the agreement with him must be terminated and reported to the competent authorities.
Responsibilities
Representing the interests of his client in court or at the stage of the preliminary investigation, the lawyer assumes certain responsibilities. Therefore, it is necessary to conclude an agreement with him. The duties of a lawyer are as follows:
- In good faith, protect the rights and interests of your client in all available and legal ways.
- Help the principal at the stage of the preliminary investigation and in court.
- Provide free legal assistance, according to Art. 51 Code of Criminal Procedure.
- Transfer the necessary amount to the needs of a bureau, cabinet or chamber.
- Comply with a code of ethics.
- Do not disclose information that became known to him during the course of work with a citizen.
The defender should also not engage in entrepreneurial activity, work in organizations or enterprises, be a member of the civil service. The lawyer's duties also include respecting the interests of the client and full agreement with his point of view on the case. Therefore, if a person considers himself innocent of a crime, then the defender should not think otherwise. Otherwise, they will not work together.
Assigned from the state
In practice, very often such situations occur when a person cannot pay for the services of a professional defender. In this case, the state comes to his aid. It provides him with a lawyer who will conduct business on a free basis. This is provided only for persons accused of atrocities. In civil proceedings there is no such rule. Because a capable citizen himself can very well protect his interests.
The rights and obligations of the lawyer appointed by the state are the same as for the private. They are provided for by Federal Law No. 63. Only in this case, the defender will not very diligently defend the interests of his client, because he will receive his salary no matter what the outcome of the case will be. Despite this, among state attorneys there are conscientious people who are very reverent about their profession and, in any case, try to do the job in a quality manner.
Many of the categories of these persons also offer the principal to pay a certain amount of money for services, after which they will fully maintain the line of defense. As a rule, in such cases, the duties of a lawyer are violated by him independently, after which the question arises about the continuation of his activities in this status.
Violations
The rights and obligations of a lawyer are provided for by the Federal Law of May 31, 2002. It protects citizens from unscrupulous professionals who use their powers for personal gain. Therefore, an honest and decent lawyer should not:
- Collaborate with the agencies of operational investigative activities.
- Disclose information received from your client.
- Claim the fault of the principal, if the latter does not agree with this.
- To take an order from a person who has his own interest, participated in the case as a judge, prosecutor, investigator.
- To take a position that is contrary to the interests of the client, unless, of course, the latter does not stipulate himself.
In the event that a professional lawyer with this status violates the law, he may be held liable. The main condition here will be improper discharge of the duties of a lawyer. This fact must also be documented. He must have irrefutable evidence.
Forms
The law office is a common expression among ordinary citizens who call the team of professional lawyers working in the same office. In fact, such a concept in the law simply does not exist. Nevertheless, the law office is divided into several existing types:
- A college organized by several advocates. At the same time, each of them works for himself. And a citizen can conclude an agreement with only one of them.
- The Bureau. It is the work of several lawyers who work together. Therefore, all professionals can work with a client at once.
- Cabinet. Opens only for one independent defender who does not have partners.
- Legal consultation. It is created in areas where it is very difficult to get qualified help. There is funds allocated by the chamber of subjects.
Credentials
A person who has the status of a lawyer and is engaged in professional activities in accordance with the law must fulfill the duties assigned to him and not violate the rights of his principal. In addition, the powers of the defense attorney, who participates in the consideration of civil, criminal and administrative cases, are determined in accordance with the procedural rules.
In certain cases, the lawyer must carry a warrant, the form of which is approved by the justice authorities. No one shall require the defense attorney or his client to provide the agreement that was concluded between them. The powers and duties of a lawyer are provided for by the law of 05.31.2002.
Status
A lawyer is not entitled to engage in business or other activities, except to be a teacher in an educational institution, to get involved in science and creativity. In addition, he cannot be in the state as well as municipal service, because this will contradict the established norms. The lawyer in his work should be guided only by his own beliefs and knowledge of the law, which he needs to constantly improve.
To obtain the status of a defender, you must have experience in the legal profession (two years after graduating), pass a qualification exam. After that, a person has the right to obtain a certificate and a warrant of a lawyer. A citizen cannot be denied access to this exam unless the provisions of the law indicate this.
The professional activity of a lawyer is to provide qualified assistance to the client and to defend his interests. If this does not happen, then you need to refuse to cooperate with him and entrust the protection of your rights to another specialist.
Accepted standards
In order for the lawyer to carry out his activities without violating the law and to comply with the rules of communication with the client, not to abuse his trust and his powers, there is a certain advocacy ethic. The Code of Professional Ethics for the Lawyer was adopted at the All-Russian Congress on January 31, 2003. It is for the defender the main collection of norms and rules of professional activity.
In addition, this code secures the right of witness immunity of a lawyer in relation to his client, which states that he is not entitled to disclose information that became known to him from the principal during the performance of his duties. Each defender who carries out his activities on a professional basis should be as polite as possible with the people who turned to him for advice, adhere to certain rules in clothing. In addition, the lawyer should not abuse his authority and neglect the interests of the client.
In civil proceedings
In this case, the lawyer participates in the case as a representative of one of the parties. To do this, he needs to submit a warrant to the court session confirming the right to protect the interests of the client. If a citizen himself does not want to attend the process, then the lawyer needs to have a power of attorney with him. Otherwise, the court may simply postpone the trial due to the failure of one of the parties to appear.
A lawyer who acts in court as a representative has the right to compile and sign all documents necessary for consideration and resolution of a controversial issue. The authority entrusted to him by the client should be registered in a power of attorney, which is certified by a notary. The lawyer's obligations to the client are specified in the agreement, one copy of which is handed over to the latter in person.
History
The profession of a lawyer gained its fame in ancient Rome. At that time there were practically no literate and knowledgeable people. Therefore, the functions of lawyers were performed by cartridges. Subsequently, they became speakers who understood almost nothing in legislative activity.
The college of lawyers was formed already in the Roman Empire. Then people who wanted to become lawyers had to pass a special exam and have certain incomes. Of course, at that time, this college device was classic and was developed much later. Nevertheless, the basic norms of laws and the concept of "advocacy" came in modern times from Rome.
Characteristic
The lawyer's profession is complex and at the same time quite interesting. Because the fate of the person who turned to him for help can directly depend on the defender. Also, do not forget that not all experienced lawyers can do their job really competently and help the principal. Therefore, if the defender, having concluded an agreement with the client, is not sure of the achievement of the set strength and does not apply maximum effort to it, then it is better not to have anything to do with him.
Every lawyer who takes the oath and receives a certificate should always remember that his profession is to provide qualified assistance to people who find themselves in difficult situations.