The status of the lawyer


The law forbids lawyers to engage in business or other activity, except for the public, research and teaching. The traditional ban on lawyers in the service due to the fact that such a service may result in reduced quality of legal aid, not only because of the employment of other work, but also due to the loss of their independence advocate. By becoming an employee, an attorney will have to comply with the instructions of superior officers, including those that contradict his beliefs. Such submission is unacceptable, because the lawyer's profession requires independence from any outside influences and can be successful only under the influence of its debt, which gives the lawyer an opportunity to act with proper firmness, determination, conviction.

Taking advantage of its independence, a lawyer should keep in mind that the purpose can not justify the means. And the high purpose pravosudnogo fencing companies, and the protection of individuals against unjust accusations should be attainable only ethical methods and techniques.

Thus, providing legal aid lawyer is guided by the instructions of a law and their professional duty, and not opinions and estimates of the any of the bodies and officials, including officials and heads of legal practices.

Graduates of law schools that do not have work experience as a lawyer or the lack of such experience shall be made in the House of attorney only after probation for a period not less than six months, the internship may be extended by the decision of the Council of the Bar of the House. With the coming of the new law "On Advocacy and the Bar in the Russian Federation" period of probation was extended from one year to two years. Trainee lawyer operates under the guidance of a lawyer (attorney, lawyer who has served for at least five years, may have a trainee), performing some of his assignments. Trainee lawyer has no right to engage in advocacy, an attorney is obliged to keep secret.

The trainee shall be employed under an employment contract concluded with the lawyer's education, and if the lawyer carries out its activities in a lawyer's office - a lawyer, which are in relation to that person by employers.

Some lawyers have their assistants. Assistant Attorney may be persons with higher, incomplete higher and secondary education in law. Assistant lawyer shall not engage in advocacy, advocate must keep secret. The number of assistants to counsel under the law is not limited. Lawyer of the House usually does not give the identity of lawyers assistants, but the law does not prohibit the lawyer's license to issue such entities.

Social insurance co-counsel engaged in the legal entity which employs an assistant, and if the lawyer carries out its activities in a law office - attorney at the law office where the assistant is working.

The status of an attorney is terminated for the following reasons:
Personal statement by counsel in writing of the termination status of the lawyer;
Entry into force of the court to recognize a lawyer incapable or partially capable;
The absence of a Bar Association within six months from the date of the circumstances specified in paragraph 00 of Article 0 of this Federal Law, information on the election of attorney form legal practice, the founder (member) who is a lawyer;
The death of a lawyer or the entry into force of the court's decision to declare him dead;
Committing an act discrediting the honor and dignity of the lawyer or lawyers derogatory authority;
Failure to fulfill a lawyer's professional duties to the principal, as well as non-enforcement bodies Bar Association adopted within their competence;
Entry into force of the verdict on the Recognition of a lawyer convicted of committing an intentional crime;
The establishment of the unreliability of the information submitted in the Qualification Commission in accordance with the requirements.

The decision to terminate the status of the lawyer accepts the Chamber of Attorneys of the Council of the Russian Federation, the regional registry which included information about that lawyer. In the cases referred to under 0 and 0 point 0 of this Article, the decision is taken by the appropriate Bar Association based on the conclusion of the Qualification Commission.

On the decision of the Council within seven days from the date of the decision to terminate the status of attorney shall notify in writing the person, the status of a lawyer who terminated except termination of status as an attorney on the grounds specified sub 0 point 0 of this article, the relevant lawyer's education, as well as appropriate territorial body of justice, which makes the necessary changes to the regional registry.

The decision to terminate the status of attorney may be appealed in court.

Regional law enforcement agency who have knowledge of circumstances which are grounds for termination of status as an attorney, a submission of the termination status of the lawyer in the lawyer's house. If the Board of Bar Association in a month from the date of receipt of the submission has not taken a decision to terminate the status of attorney in respect of counsel, the territorial body of justice in the law to apply to the court for termination of status as an attorney

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