LECTURE No. 4. Organization of advocacy

1. Organization of advocacy and advocacy in the Russian Federation

Organization of advocacy - this is a legal and organizational form of association of lawyers in an appropriate structure for the effective implementation of their tasks. With the help of organizational forms of the advocacy, the following is carried out:

1) the practice of advocacy itself;

2) legal, social and other guarantees of this activity are provided, protection of lawyers from illegal actions and interference in the activities of the bar by the state.

The main link in the advocacy system is bar association (Article 29 of the Federal Law "On advocacy and advocacy") - a non-governmental non-profit organization based on the mandatory membership of lawyers from one constituent entity of the Russian Federation. On the territory of a constituent entity of the Russian Federation, only one bar association may be formed, which is not entitled to form its own structural subdivisions, branches and representative offices in the territories of other constituent entities of the Russian Federation.

Direct advocacy activities are carried out in advocacy formations. The Law on the Advocacy provides only four organizational and legal forms of legal entities: a lawyer's office, a bar association, a lawyer bureau and a legal consultation office.

Law office (Article 21 of the Federal Law "On Advocacy and Advocacy"). In relations with third parties, the lawyer acts on his own behalf. The advantages of the activity of a lawyer in the form of a lawyer's office are that, in organizational terms, work in a lawyer's office is not associated with mutual obligations with other lawyers based on the foundation, does not entail reports to the collective management body, such work has the nature of individual activity with all its merits and demerits.

Collegium of Advocates - the organizational and legal form of the legal profession, in which advocacy is carried out on a collective basis (Article 22 of the Federal Law "On advocacy and advocacy"). It is established by decision of two or more lawyers. The number of founders of a bar association is not limited, but they can be lawyers whose information is entered in only one regional register.

The Bar Association is a non-profit organization operating on the basis of a constituent agreement and charter. Members of the Bar Association are not liable for its obligations, the Bar Association is not liable for the obligations of its members. However, the bar association bears the liability stipulated by the legislation of the Russian Federation for non-fulfillment or improper fulfillment of the duties of a tax agent or representative, which is in relation to founding lawyers.

Law Office - another collective organizational and legal form of advocacy (Article 23 of the Law on the Bar). According to paragraph 2 of Art. 23 of the Law on the Bar, relations arising in connection with the establishment and activities of a law firm shall be governed by the rules relating to the Bar Association, unless otherwise provided by law. Additionally, it is established (clause 3, article 23 of the Law on the Bar) that lawyers who have established a law office conclude a partnership agreement between themselves in a simple written form. Comparison of Art. 22 and Art. 23 of the Federal Law "On Advocacy and the Bar" allows us to conclude that it is necessary to conclude two agreements: a constituent agreement in order to determine the procedure and basic conditions for the joint activities of lawyers to create an office and a partnership agreement to establish the mutual rights and obligations of lawyers in the joint implementation of advocacy activities. The provisions of the partnership agreement must comply with the charter and the memorandum of association. The partnership agreement must be concluded for a certain period of time.

According to paragraph 7 of Art. 23 of the Law on the Bar, from the moment of termination of the partnership agreement, its participants are jointly and severally liable for unfulfilled general obligations in relation to principals and third parties.

Legal consultation is established by the bar association of the constituent entity of the Russian Federation, on the territory of which it will carry out its activities, on the proposal of the state authority of this constituent entity of the Federation. The decision to establish a legal advice office is made by the Council of the Chamber of Lawyers as its collegial executive body.

Legal advice is created in order to ensure the availability of legal assistance throughout the territory of the subject of the Russian Federation, including legal assistance provided to citizens free of charge. In this regard, a legal advice office is established on a mandatory basis if, in the territory of one judicial district, the total number of lawyers in all bar associations located on the territory of this judicial district is less than two per federal judge.

According to paragraph 2 of Art. 120 of the Civil Code of the Russian Federation, a legal advice office is liable for its obligations with the funds at its disposal received from the founder or from other legal sources. In case of their insufficiency, the bar association as the owner of the property that established this consultation bears subsidiary responsibility (Article 399 of the Civil Code of the Russian Federation).

2. Professional ethics of a lawyer

A lawyer, as a member of an independent organization, must in every possible way strengthen the honor and dignity of the lawyer corps, observe the rules of lawyer ethics not only in the performance of lawyer duties, but also in everyday life, in public life, be aware of his legal and moral obligations in relation to a particular client and society as a whole. He can adhere to any ethical doctrine, but for him one system of values, one choice of standards of behavior is possible. First of all, the activity of a lawyer is to provide qualified legal assistance to citizens and legal entities.

In the countries of the European Community there is a "Common Code of Practice for Lawyers in the European Community". At a conference held in September 1990 in New York, the International Bar Association adopted a legal document, Standards for the Independence of the Legal Profession of the International Bar Association.

In Russia there is also regulatory regulation of basic ethical standards in legal practice. In particular, the first All-Russian Congress of Lawyers on January 31, 2003 adopted the Code of Professional Ethics for Lawyers. This document establishes mandatory rules of conduct for every lawyer in the practice of law, based on the moral criteria and traditions of the legal profession, as well as on international standards and rules of the legal profession.

The behavior of a lawyer as a set of acts of professional behavior that have moral significance, since they can be subjected to moral assessment, is subject to the legal and moral foundations that determine the essence of the profession of lawyer. The need to articulate the principles that make up the essence of lawyer ethics is determined by nature itself, its purpose and real influence in society.

In his book "Advocate Ethics" M. Yu. Barshchevsky singles out three basic principles of the legal profession: honesty, competence and integrity. They manifest themselves in various aspects of advocacy: when advising clients, in court, other public speaking, in relationships with colleagues, with the judicial administration, in a situation of conflict of interest.

Honesty in advocacy involves:

1) a subjectively honest attitude to the expression of individual assessments, personal opinions, the lawyer's own position;

2) honest behavior of a lawyer in relations with other people;

3) suppression of dishonesty, fraud, other crimes in the provision of legal assistance to a client;

4) the right of a lawyer to choose his behavior and his position in relations with the client and the court, compatible with his lawyer status.

The competence and conscientiousness shown by a lawyer in the performance of his professional duty are essential components that form the high quality and professionalism of the assistance provided to him. In order to achieve a sufficient level of professionalism in the performance of their duties, a lawyer must:

1) closely monitor the development of legislation in all areas of law that he encounters in his activities, be aware of law enforcement practice, maintain and improve his qualifications;

2) be able to correctly assess the level of their competence, the complexity and specifics of the task, be able to correctly and timely solve problems related to the execution of the client's order;

3) in case of insufficient own qualifications, when the client requests to conduct the case, he must either refuse the assignment, or obtain the client's consent to consult with another lawyer competent in this field, or to cooperate with him;

4) in case of refusal to execute the client's order due to his insufficient competence, the lawyer must recommend another specialist, and such assistance must be provided on an internal conviction.

The principle of good faith means that a lawyer, in the performance of his professional duties, must act with the greatest dedication of his own strengths and abilities, make every effort to ensure that provide qualified assistance to the client in the shortest possible time and with the maximum consideration of the interests of the latter, namely:

1) respond with reasonable promptness to all professional correspondence, as well as punctuality in the performance of all other professional obligations;

2) inform the client about a reasonable delay in the provision of legal assistance or other circumstances that prevent him from properly protecting his interests;

3) the facts of non-appearance of a lawyer in court without a good reason and systematic delays in court sessions are unacceptable.

Author: Nevskaya M.A.

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