Advocacy and notary office. Lawyer and his professional activities (the most important)

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Advocacy and notary office. Lawyer and his professional activities (the most important)

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4. Lawyer and his professional activities

Lawyer - this is a person who has received the status of a lawyer and the right to practice advocacy. At the same time, the procedure for obtaining the status of a lawyer must comply with the Federal Law "On Advocacy and the Bar".

The status of a lawyer in Russia is entitled to be acquired by a person who has a higher legal education obtained at a state-accredited educational institution of higher professional education, or a degree in a legal specialty. The applicant must also have at least 2 years of work experience in the legal profession or have completed an internship in any lawyer education.

Advocacy is recognized as qualified legal assistance provided on a professional basis by persons who have received the status of a lawyer in the manner prescribed by the Federal Law "On Advocacy and Advocacy" in the Russian Federation, individuals and legal entities (principals) in order to protect their rights, freedoms and interests, as well as ensuring access to justice.

The main features of advocacy include the following:

1) provision of qualified legal assistance to individuals and legal entities (principals);

2) provision of such assistance by persons working on a professional basis;

3) persons providing legal assistance must have the status of a lawyer, which is obtained in the manner prescribed by the Federal Law "On Advocacy and the Bar"; the objectives of this activity should be:

a) protection of the rights, freedoms and interests of principals;

b) ensuring access to justice. Only the presence in the activity of a combination of all four of the above signs gives grounds for recognizing it as a lawyer.

Advocacy is not entrepreneurial. This means that its purpose cannot be profit making. All income of a lawyer association or an individual lawyer is, by its legal nature, not the result of commercial or other entrepreneurial activity, but remuneration paid by the client. In the structure of the balance sheet of a lawyer, there should be no indication of profit.

Advocacy is diverse and carried out in various forms, which can be classified as follows:

1) consulting assistance to the principal;

2) drafting documents of a legal nature;

3) acting as a representative or defender of the principal.

The representative functions of a lawyer are listed in general form in the Law on the Bar. At the same time, the institution of representation and the powers of representatives are detailed in each industry and require specification depending on the legal relations that have arisen.

Authors: Nevskaya M.A., Shalagina M.A.

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