The activities of lawyers are widespread both in our country and around the world. It is distinguished by its own characteristics, level of responsibility, varieties of similar services. In the article we will consider advocacy in the Russian Federation. As well as the powers, duties of lawyers, the types of services they refuse.
The concept
Lawyer activity is a qualified legal assistance. She turns out to be professionals with special training. They receive the status of a lawyer according to the algorithm put forward in the Federal Law "On Advocacy in the Russian Federation" No. 63 (Article 1).
Let's continue. Advocacy is assistance provided to individuals and legal entities in order to protect their interests, legal rights, freedoms, ensuring access of these persons to justice.
Such activities are not considered entrepreneurial by law.
What doesn’t apply to her?
We examined the concept of advocacy. Consider what does not apply to it according to the Federal Law No. 63 (2017). Attorneys are not types of legal aid, which is:
- Employees of legal services of various organizations (legal entities), employees of the local government, various government bodies.
- Individual entrepreneurs.
- Participants, employees of institutions, organizations providing all kinds of legal services.
- Patent attorneys and notaries. An exception stands out: when the lawyer appears as a patent attorney.
The action of the Federal Law No. 63 also does not apply to persons, bodies that offer representation by virtue of a specific law.
Components
Lawyer activities are the following components:
- Consultations, reference information on legal issues in written and oral form.
- Drawing up statements, various complaints, petitions and other legal documentation.
- Representation of the principal in the process of constitutional proceedings.
- Participation in the role of a representative of the principal in the conduct of civil and administrative proceedings.
- Participation of a lawyer in the role of a client's defender in criminal proceedings, issuing a court verdict in cases involving administrative offenses.
- Representation of the principal in litigation in arbitration courts, commercial international arbitration.
- Representation of client's interests in state and municipal authorities, public associations, etc.
- Representation of the principal in the enforcement proceedings, in the process of executing criminal penalties.
- Representation of the client in various tax legal relations.
About lawyers
Lawyer activity is a qualified legal assistance that a lawyer is entitled to provide. Who is it?
A lawyer is a person who has received the appropriate status, and with it the power to engage in advocacy.
A lawyer is only an independent legal adviser. He does not have the right to engage in any other kind of paid activity. There are three exceptions: teaching, scientific and creative work.
Attorney Rights
Advocacy is carried out, respectively, by lawyers. The legislation gives them the following range of rights:
- Gather information necessary for the provision of legal assistance.
- Interview various individuals (with their prior consent) about a case in which legal aid is provided to a client.
- Attract other types of specialists to resolve issues in any way related to the provision of legal assistance.
- Without obstacles, in private, meet with the principal in conditions that fully ensure the confidentiality of the conversation. Including during the period of detention of the client. The number of such meetings, their duration is not limited by law.
- To fix (using optional technical means) the information available in the case file, within the framework of which legal assistance is provided.
- Take other actions that do not contradict the current Russian legislation.
What is not included in the rights of a lawyer?
When analyzing the basics of advocacy, it is important to understand what actions a lawyer in the Russian Federation is not entitled to take. We will designate them below.
Accept from a client who has turned to him for legal assistance a knowingly illegal order. And also take an order from the person who has applied in the following cases:
- If the lawyer has his own interest in the subject of the contract with the principal, which differs from the interest of those who asked for help.
- If the lawyer participated in this case in the role of a judge, arbitrator, mediator, arbitrator, prosecutor, inquiry officer, expert, investigator, translator or specialist.
- If the lawyer acted in this case as a witness, a victim or an authorized person in whose competence was the decision-making, one way or another, relating to the interests of the client.
- The lawyer is in family or family relations with the official who accepts, took part in the consideration, investigation of the principal's case.
- The lawyer provides legal assistance to another client whose interests are opposite to the interests of the person who has applied for help.
Also, a lawyer is not entitled to do the following:
- To take a position in this case that is different from the will of your principal. An exception can only be cases when the lawyer is convinced that his client stipulates himself.
- Publicly declare that the principal’s guilt has been proven if the latter denies it.
- To disclose the data communicated to him by the client in connection with the provision of legal assistance to the latter without obtaining the consent of the principal himself.
- Refuse the accepted protection of your client.
Also, Russian law prohibits the cooperation of lawyers with employees of the operational investigative agencies.
Guarantees of independence
Advocacy is inherently independent. Intervention in the work of a lawyer, any obstruction to her in Russia is not allowed.
A lawyer cannot be held liable for the opinion expressed by him in the performance of official activities. Including after the termination or any suspension of his status. The liability of a given person only occurs if his guilt in a criminal act (or inaction) is established by a court decision that has already entered into force. But these restrictions do not affect the civil liability of lawyers to their principals.
It is impossible to demand from lawyers as well as from employees of various chambers of lawyers, other associations, the Federal Bar Association of information related to the provision of legal aid in certain cases of principals.
Both the lawyer and his family members, his property are protected by the state. Criminal prosecution of lawyers is permissible only in compliance with the guarantees that the Code of Criminal Procedure provides to these persons.
What is a bar?
Advocacy is one of the main forms of advocacy. This is a professional association of lawyers, an independent civil society institution. Accordingly, it cannot be included in the system of state authorities or local self-government.
The activities of the bar are based on the following principles:
- Independence.
- Legality.
- Corporatism.
- Self-management.
- Equality of all members of the bar association.
Kinds
Consider the main types of advocacy:
- Law Office.
- Board.
- The Bureau.
- Legal consultation.
Each of them should be disassembled in detail.
Cabinet
A lawyer is a status of advocacy. This person has the right only at his discretion to choose the form of association, where he can work, the place of his activity. But he must inform the council of the bar on his decision.
As for the attorney’s office, he has the right to approve a lawyer who wants to offer legal assistance individually. Such an entity will not in essence be a legal entity.
College
This form can be approved by two or more lawyers. This is the name of a non-profit organization, based on the principles of membership, acting on the basis of the charter (drawn up by its founders) and the constituent agreement.
Both members and founders of such a college can only be lawyers, the data on which are included in the same regional register. The college is already a legal entity. She has an independent balance sheet, forms, seals; on her behalf, accounts are opened in credit organizations. The stamps of the board contain information on its name, address. The reference is made to the Russian entity where the board was approved.
Bureau and consultation
A law office is authorized to establish two or more lawyers. Between themselves they enter into a partnership agreement in writing.
If, however, within the borders of the same judicial district, the number of lawyers is less than two per judge, then, on the proposal of the state authority, the bar will establish a legal consultation. This is a non-profit organization operating in the form of an institution.
Chambers of law
Chambers of law are non-profit non-governmental organizations based on the mandatory membership of lawyers working in one subject of the Russian Federation.
The goals of creating such chambers are as follows:
- Providing the population with qualified legal assistance, turning it to an accessible for a wide range of people.
- Organization of free legal assistance to certain categories of the population.
- Representation of lawyers, protection of their interests in the framework of state authorities, local government, social, public organizations, etc.
- Monitoring of vocational training, education of persons allowed to engage in advocacy.
- Monitoring compliance by lawyers with professional ethics.
This is a legal entity with an independent balance, bank accounts, subject to state registration. The chamber is not liable for the obligations of its lawyers. So its members are not responsible for the obligations of the chamber.
The highest association is the Federal Chamber of Lawyers of the Russian Federation. This is an all-Russian non-profit non-governmental organization.
Advocacy is a fairly widespread, widespread phenomenon. It is carried out by lawyers whose rights, activities, associations, guarantees we have examined.