A sworn attorney is a person practicing law in the Russian Empire. The procedure for obtaining the status of a sworn attorney, his rights and obligations - all this formed the basis of today's advocacy. Reading the materials of those times, we can conclude that nothing new, in general, has appeared.
Occurrence of status
Attorneys at law are a layer of lawyers that emerged in Russia as a result of judicial reform of the 19th century. The state sought to ensure that participants in legal proceedings receive legal assistance, especially in criminal cases.
Organization of sworn advocacy
The jury attorney is a special person in the sense that he was not related to public service and did not have the status of an official. The charters even noted that this person should be independent of the authorities. At the same time, its activities were controlled by the jury, a kind of corporation that monitored the observance of the rules of conduct by its members.
There are cases in history when officials tried to put pressure on the jury, but the councils defended their colleagues, ensuring their independence.
Who had the right to become a jury?
A sworn attorney is a person with a law degree.
The applicants had to have a diploma obtained as a result of full-fledged training or just passing exams (externship).
Those wishing to acquire status should have had at least 5 years of work experience in positions that allowed them to acquire practical skills. The law made reference to the judiciary. In particular, the list included investigators, secretaries or bailiffs. Positions not related to real legal practice (for example, extras) were excluded.
Additional requirements for applicants:
- persons under 25 years old were not allowed;
- a ban on work as an attorney for foreign citizens;
- persons in the public service were not allowed into the corporation;
- those infringed in civil rights by court or by the sentence of their estate (for example, former nobles or clergy deprived of their dignity by a spiritual court) were not considered worthy candidates;
- persons under investigation, by virtue of the restrictions imposed, were not accepted as attorneys;
- Persons declared bankrupt were not accepted into the corporation;
- persons previously excluded from the sworn attorneys could not re-enter the attorneys.
A person who wanted it submitted documents confirming his compliance with the requirements to the jury. If the need arose, it was allowed to request additional papers and information about the candidate.
Attorney Status
The attorney is a lawyer in our understanding. His duties included to keep professional secrets, to fulfill conscientiously undertaken obligations.
The attorney had status in the judicial district to which he was assigned. Outside of his borders, he could not provide his services, unless at the request of the client or when the case was considered in a higher court.
Jury advice obeyed the district court. True, unlike judicial investigators, they were not its members and, for example, could not hold the position of judge.
The scope of authority was determined primarily by law and by agreement with the client.
They took matters on a voluntary basis. Exceptions are provided for by law. The appointment was received either from the chairman of the court to which they were assigned, or by appointment of the jury. In this case, remuneration was made at the expense of the fund from contributions of the corporation participants. The sworn attorney did not have the right to refuse such an appointment. For example, when he represented the defense in a criminal case on the charge of a poor person.
Criminal proceedings
The defense attorney performed a standard set of actions. He had the right to file petitions, attach to the case materials that would testify in favor of his client.
This includes the involvement of witnesses, experts in a certain field (experts, speaking the modern language).
His responsibilities included speaking at the trial, writing complaints about the sentence to higher authorities. The judicial speeches of lawyers of that time are still considered the standard.
In the case, one or several attorneys could work.
Civil Affairs
The attorneys at the time were civilian lawyers. Even at that time, there was already a division or specialization. Some were involved in criminal cases, others in civil matters.
Clients issued power of attorney or made an announcement in court that the person represents their interests. It was impossible to speak out against relatives, including spouses.
It was forbidden to represent in one case either one side or the other. The attorney's duties included drawing up a claim or objecting to him, assistance in collecting documents, explanation of the current legislation, his own presence in court during the process.
Finally
The status of modern lawyers dates back to tsarist Russia. Special requirements were imposed on the jury attorneys, in particular, a person should have an excellent reputation or be blameless in the eyes of society.
Attorneys represented clients in civil and criminal trials by contract or by appointment from a court or jury. Lawyers of that time could work only on the territory of the district to which they were assigned, with the exceptions established by law.